Browsing: Misconduct


Bullying, discrimination claims not supported by "scanty" hearsay

In a warning to employers undertaking investigations of workplace complaints, the FWC has ordered a mushroom grower to compensate a former harvest team leader sacked on the basis of "scanty" hearsay evidence and the "sheer number" of allegations about bullying and racial discrimination.


FWC upholds autistic worker's sacking for overstepping boundaries

A NDIS provider has refuted allegations it took unlawful adverse action by sacking a worker because of her autism spectrum disorder, with a FWC consent arbitration finding her efforts to rescue a dog and dispose of a client's medication exceeded the scope of her duties.



Decision-maker uncertainty fatal to adverse action defence: Court

In a case highlighting the need for employers to precisely identify decision-makers when defending adverse action matters, the Federal Court has expanded an academic's claim after accepting that a judge failed to "isolate" who at a leading university was responsible for making allegations of serious misconduct.


Lawyer's failure to specify deadline contributed to delay

A lawyer's "significant omission" in failing to specify the deadline for a self-represented worker to lodge his unfair dismissal claim, despite sending the worker a costs agreement on that date, contributed to the delay and warranted a one-day extension, the FWC has found.


FWC backs BHP's sacking of "extremely intoxicated" harassing worker

The FWC has ruled that an intoxicated FIFO female mineworker rubbing up against and trying to hold hands with her male colleagues when commuting to her worksite amounted to harassment and s-xual harassment and warranted BHP dismissing her.


BHP "rushed" harassing worker's dismissal: FWC

The FWC has found a long-serving BHP Coal worker who had "clearly not adjusted to the modern workplace" s-xually-harassed two colleagues, but a rushed investigative process and lack of a proper opportunity to respond rendered his dismissal unfair.



Time-keeping flaws, name-calling justify lawyer's sacking

The FWC has upheld a law firm's dismissal of a solicitor accused of "gaming" its timekeeping system to boost a junior colleague's billable hours and telling an opposing practitioner his client was a "c-nt".


Abusive out-of-hours texts a sacking offence: FWC

The FWC has backed the Commonwealth Bank's sacking of an "insubordinate" worker who argued it could not discipline him for pummelling his manager with abusive text messages because he sent them outside of working hours.


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