Browsing: Misconduct (782 items)


FWC upholds CBA's sacking of home lender

A senior Commonwealth Bank employee failed to disclose his connection with a mortgage broker, defied the employer's bans on using WeChat and his personal mobile phone to arrange home loans and then paraded "a chaotic collection of lies, nonsense, poorly matched ideas, and manufactured responses" in his doomed unfair dismissal case in the FWC.


Out-of-time round-up: No "witch hunt"; & more

No evidence of "witch hunt"; Missing dismissal letter explained late application; 336 days an insurmountable barrier; No joy for sacked DUI worker on sub mission; and Poor mental health did not cover whole delay.


Decision to "go legal" did not help director's cause

An employer had the right to sack one of the governing directors of its parent company after he chose to "go legal" instead of undergoing an independent medical examination to back up his doctor's claims that he could fulfil his sales role after a period of ill-health, the FWC has found.


$6K for sacked Coles worker

Coles had a valid reason to sack a long-serving casual worker for restraining a teenage girl suspected of repeated shoplifting, but must pay $6500 compensation after a FWC finding that he did not knowingly breach the retailer's codes and policies in the "one-off" incident.


"Triggered" worker wins job back

The FWC has taken into account the financial pain of missed mortgage repayments and the disruption of being forced to take a drive-in, drive-out role in deciding to reinstate a mineworker who raised a fist towards a colleague after being "triggered" when called a "c—t".


AI-assistance draws bench's ire

A Fair Work Commission full bench has rejected a worker's unfair dismissal appeal, finding that "only artificial intelligence" could seriously suggest that he kicked down a locked door for any reason other than anger.


Confidentiality bid "futile": FWC

The FWC has rejected a veteran bank loan manager's bid to expunge his name from all records of his failed dismissal challenge, despite accepting that it will make it difficult for him to find another job in the industry.


FWC backs sacking for offshore WFH

An employer had a valid reason to sack a foreign exchange dealer who secretly worked from Bali and Singapore while presenting himself as working from home, but the FWC has found its procedural failings rendered the dismissal unfair.


Thorough investigations not an "unmeetable burden": Bench

A full bench has upheld orders requiring a BHP labour hire subsidiary to reinstate to a different mine a worker accused of aggressive conduct, finding a FWC member did not impose an "unmeetable burden" on workplace investigations, while the company's challenge to his colleague's reinstatement order is waiting in the wings.


Bank wrongly withheld bonuses in lewd message sacking

A former ANZ executive found to be "persona non grata" in the industry has been cleared to recover millions in bonuses withheld after his sacking for sending lewd messages, but has otherwise failed in his six-year-long case to win whistleblower protections or sustain arguments that the bank took unlawful adverse action.


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