A FWC member has found no plausible reason for a boilermaker's co-workers and managers to conspire to have him sacked for allegedly drawing a p-nis on a client's fuel tanker, concluding that the more likely explanation lay in a colleague's suggestion that he simply had a "brain fart".
The FWC has granted a worker a one day extension for his unfair dismissal claim due to the merits of his case, after he alleged his employer summarily dismissed him for a positive drug test taken during a period of annual leave, when its zero tolerance policy would not apply.
The FWC has reinstated a long-serving worker accused of violent threats to a colleague, finding the employer's circumstantial evidence fell short and did not establish that the incident occurred.
A major employer has for the second time in a year been ordered to reinstate a worker after the FWC again identified fatal flaws in its investigation processes.
A worker's "unfortunate" comment to the FWC that "it is nearly impossible to injure someone when driving a forklift at 8km/h", demonstrating his "unsatisfactory understanding of workplace safety", has clinched a ruling that upheld his sacking, after he admitted to smoking marijuana the night before a collision.
In a case that yesterday earned a mention in Parliament, the FWC has overlooked an employer's reasons for sacking a volatile employee to find that his own evidence that he was "not right" to return to work because mental health issues justified the dismissal.
A FWC bench has upheld a ruling that a club unfairly sacked a casual duty manager after accusing her of stealing a drink, but not before rejecting a presidential member's finding that the "theft" needed to be established "beyond reasonable doubt" and that the employer used an "intimidatory" dismissal process.
The charity defending a High Court case with the potential to extend duty of care to the disciplining and sacking of workers has warned that overturning a 115-year-old precedent would "disturb the allocation of risk" in every current employment contract.
TAFE NSW must pay two workers more than $230,000 in legal costs and $100,000 in compensation after the FWC overturned their dismissals for alleged fraudulent, dishonest and corrupt behaviour.
