A worker who threatened his managers that he would set bikies on them and that he had "a bullet with your name on it" resigned in the "heat of the moment" and should have been given the chance to retract it, but the FWC has upheld his dismissal because his menacing behaviour amounted to serious misconduct.
A HR manager opportunistically accused a disgruntled employee of leaking confidential information to "put the blow-torch" to him over his dogged pursuit of underpayments, a court has found.
A FWC full bench has upheld the reinstatement of a wharfie who tested positive for cocaine, rejecting employer arguments that the Commission's approach to appeals is "broadly wrong" and should involve reassessing a case rather than searching for errors in the original decision.
A council overreacted when it sacked a worker for complaining that acknowledgements of country are "getting out of hand" after their introduction at toolbox meetings, the FWC has found.
A full Federal Court has thrown out Serco's appeal against a finding that a senior manager sacked a trainer after he complained about the way she conducted a bullying investigation.
A schoolteacher "absurdly" sacked for yelling at students has won maximum compensation, after a FWC member retreated from his initial order to reinstate her.
The FWC has backed the sacking of a worker who shoved and swore at a woman as they rode an elevator towards his office, rejecting his claims of self-defence and that the employer's code of conduct did not apply because his shift had not started.
An employer's request for a medical certificate demonstrating a senior manager's fitness for work after an extended absence would have been unlawful and unreasonable if his contract had not required him to participate in medical examinations.
A spurned TWU delegate found to have aired false bullying allegations against a co-delegate during a meeting at which he referred to him as "kid" and told him to put his "b-lls on the line" by holding a vote has lost his unfair dismissal case, despite his employer's procedural failings.
