A FWC full bench has dismissed an "unusual" unfair dismissal jurisdictional appeal, finding that a worker who took a pay cut due to his employer's financial struggles fell below the high income cap despite the company arguing that the Commission's compensation order proved his pay exceeded the threshold.
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.
The FWC has compensated a worker sacked for making "racist" comments, finding her employer's handling of her dismissal "appalling" and that it had been "very unfair to label her a racist person".
The FWC has reinstated a mineworker sacked by a Yancoal subsidiary for aggressive and threatening behaviour in which he threatened to cut a co-worker's throat, finding the dismissal harsh because of his unblemished 12-year tenure, his remorse and his PTSD.
The FWC has ordered a worker's reinstatement and criticised his employer for its "severely flawed" dismissal process after it used a traffic violation as a "golden opportunity" to dismiss him for riling management by engaging in "covert" and "unlawful" industrial action.
A senior Virgin flight attendant has had her reinstatement overturned after a FWC full bench comprehensively picked apart a finding that procedural fairness deficiencies rendered her sacking for misconduct unfair.
A disability service unfairly sacked a worker for calling its female director a "c--t", the FWC has held, finding its "surprising" reliance on a nurse to perform a dual HR role likely to have contributed to its peremptory approach.
The FWC has upheld the sacking of a supervisor summarily dismissed for disobeying a reasonable direction when he allowed his team to drink alcohol while celebrating the completion of a major project.
The FWC has upheld the demotion of a Catholic school teacher who continually undermined the schools' leadership before maintaining that his "only master was God".
