Browsing: Fitness for duty | Page 5 (127 items)


Ruling provides guidance for unvaxxed unfair dismissal claimants

A FWC presidential member has issued a 10-point rebuttal of COVID-19-related arguments put by a sacked unvaccinated worker, to help her to consider whether to proceed with positions likely to be "irrelevant" in her unfair dismissal claim and that have been "emphatically rejected in numerous cases" before the tribunal and courts.


Payout for silicosis-stricken sacked stonemason

In a general protections ruling, a court has awarded $160,000 in compensation and damages to a stonemason dismissed because of his work-related silicosis.


Communication of sacking can't be outsourced to cops: FWC

The FWC has cleared the way for a worker accused of "disruptive menace" and assaulting the chief executive to pursue a general protections claim against his former employer, holding it could not delegate to police the task of telling him he had been sacked.


Sacked for refusing assessment, not for complaining: Court

A court has thrown out an adverse action case pursued by an Aldi truck driver sacked for refusing a psychological assessment, noting he might have been better off making an unfair dismissal claim.



High Court rules on traumatised lawyer's case

The High Court has today unanimously found that a lawyer diagnosed with PTSD and depression after working in the Victorian public prosecutor's unit that handles s-xual offences, including those involving children, would have cooperated with steps by her employer to shift her to another area of its operations.


$150,000 in damages after s-xual harassment, assault

A tribunal has awarded a s-xually harassed and assaulted beauty therapist $150,000 in general damages, equal to $70 per day for the six years she has suffered and will likely continue to suffer the effects of the conduct.


Four-member bench rules on driver's out-of-hours conduct

A four-member FWC full bench has overturned the reinstatement of a long-serving train driver sacked after he divulged he faced criminal charges for high-range drink driving, ruling that a presidential member failed to properly consider the connection between his out-of-hours conduct and his safety-critical job.


Bunnings sacked me for harassment in former job: Claim

An accountant previously held to have s-xually harassed a supervisor is now challenging his dismissal from a new job as a pricing coordinator at Bunnings, accusing it of discriminating against him with "outright vengeful intent" when it became aware of his history.


FWC refuses to extend time despite law firm's failure

The FWC has found a law firm's lack of competence and "grossly unprofessional" conduct primarily to blame for the late unfair dismissal claim of a worker who breached a vaccine mandate, but it has refused to grant a one-day extension due to her role in the delay.


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