In an FWC case heavily reliant on circumstantial evidence, a former soldier with an unblemished work record has had his dismissal for stealing company property upheld after the tribunal heard of airport mix-ups on a remote island, alleged union skullduggery, an upset stomach – and a dead bat.
The FWC has upheld under the small business code the summary dismissal of a manager accused of blackmailing his employer into paying an $85,000 separation package in return for him abandoning a proposed complaint to OHS authorities.
A court has thrown out an aggrieved former employee's bullying case, finding he could not substantiate claims of a "complex conspiracy" that involved a flatulent supervisor.
The FWC has poked holes in the record-keeping and training practices of an employer and its HR manager that summarily dismissed a long-serving employee for breaching its "zero tolerance" mobile phone policy without making sure he was aware of it.
In a closely-watched dismissal case contemplating how much weight should be attached to mitigating factors, an FWC majority full bench has reinstated a worker sacked for his foul abuse and threats to colleagues via text messages and phone calls while drunk.
An FWC full bench has accepted that ordering a "cooling off" period unfairly rewarded an employer for its intransigence in refusing to bargain during a protected strike.
The Federal Circuit Court has taken a broad view of what amounts to an employment-related complaint in ordering an employer to pay more than $150,000 in compensation and penalties for its adverse action when it sacked a senior employee who upbraided his chief executive for failing to pay outstanding invoices to a key subcontractor that had downed tools in protest.
The FWC has upheld the sacking of a personal assistant who became entangled in a company power play, finding that her employer's belief that she lied to cover a director's tardiness satisfied the requirements of the small business code.
In a rare case turning on an employee's loss of trust in his employer rather than the other way around, the FWC has stepped back from ordering the reinstatement of a worker found to have been unfairly dismissed, despite describing it as the most "compelling" remedy.
