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FWC upholds ejection of Xmas bash glass-thrower

In a significant decision on out-of-hours conduct, the FWC has ruled that ALDI justifiably dismissed a storeperson for throwing a full beer glass over the heads of colleagues at an official company Christmas party.


Barrister avoids costs as sacked HR manager slugged $71,000

A court has imposed a $71,000 costs order on an HR manager who took a "scattergun" approach to challenging her dismissal, but has stopped short of imposing a similar order on her high-profile Sydney barrister, despite criticising his role in the case.


"Intentional" CV errors justified dismissal

Dismissing an employee for providing false and misleading information during the recruitment process was not unfair, despite procedural failings by his employer, a tribunal has ruled.


Duty of care didn't include foreseeing attack: FWC

The FWC has rejected a dismissed employee's contention that a company's duty of care extended to anticipating that he would act in a violent and threatening manner towards a co-worker.


BHP drawn into big Australian class action

Two landmark class actions allege that a BHP Billiton subsidiary induced two labour hire companies to unlawfully engage hundreds of coal mineworkers as casuals and pay them less than the industry award.


Lewd Instagram post to young nurse warranted sacking

A major private hospital justifiably dismissed a 47-year-old employee for sending an Instagram post "of a s-xual nature" to a young graduate nurse he barely knew, the FWC has found.



Bench rejects small company's broad-coverage agreement

A five-member FWC full bench has quashed the approval of a small construction company's enterprise agreement, after CFMMEU modelling suggested it left workers up to $575 a week worse off than the award, but the Commission has cited the types of undertakings that might get it across the line.


Self-represented CEO highlights futility of own case

The pitfalls of self-representation have been highlighted by an FWC full bench that found it would be "futile" to hear a former chief executive's anti-bullying case because his notice of appeal "expressly" indicated he was seeking an unnecessary order.


No cheer for pub worker who pummelled pants-off patron

A licensed hotel's duty manager, dismissed for allegedly assaulting an "obnoxious" patron parading around with his pants off, has had his unfair dismissal case dismissed by a senior FWC member who ruled it would be unfair to ask the employer to defend the case after he provided an unconvincing medical certificate to explain his last-minute no-show at a scheduled hearing.


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