Browsing: Fitness for duty


Large disability bias payout for "excluded" teacher

A tribunal has awarded $236,000 in damages, plus potential further lost earnings and interest, to a long-serving language teacher who developed a psychological injury when his employer "excluded" him from the workplace for two years after he suffered a debilitating spinal stroke.


FWC upholds sacking for medical marijuana use

The FWC has upheld the sacking of a mineworker for failing to disclose his use of prescription medicinal cannabis on his days off, despite the fact he passed all drug tests and left a 32-hour buffer before the start of his working weeks.



Vax mandate caused psychological injury: Tribunal

An employer held to have caused a psychological injury by imposing a COVID-19 vaccination requirement on a driver must pay more than $80,000 in compensation, plus medical costs, after its unreasonable ultimatum rendered him unable to work.


Bench refuses to spike unvaxxed worker's tardy dismissal claim

A NSW IRC full bench has quashed the rejection of an unvaccinated worker's bid for a one-day extension to challenge her sacking after a commissioner found it would cause prejudice and that she has little prospect of success, based on arguments her employer did not make.


Drivers shunted into COVID-19 siding fail to win lost pay

In a decision exploring what constitutes a disciplinary investigation, a FWC full bench has quashed a finding that a public transport agency must pay a group of train drivers blocked from attending work after failing to comply with its COVID-19 vaccination policy.


Employer got rest rules wrong: FWC

A flight attendant sacked from a Sydney billionaire's private jet for refusing to change hotels before a flight from LA has won compensation, after the FWC found the employer wrongly applied pilots' rest rules and subjected her to an unreasonable order given the time it took her to shop for food for passengers and crew on the long-haul flight.


Rail worker sacked after drinking Johnnie Walker gets job back

The FWC has reinstated a Queensland rail worker sacked for breaching the organisation's zero alcohol policy when he blew 0.025 in a random workplace alcohol breath test, finding the dismissal harsh because of his unblemished 39-year tenure, his age and limited education.


Employer should have been told about Autism diagnosis: Court

A judge has dismissed a worker's claims of disability discrimination and adverse action and upheld his sacking for aggressive workplace behaviour, finding that he should have told his employer upfront of his mental health issues and his autism diagnosis.



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