The FWC has found it unfair to summarily sack an "unsatisfied" manager accused of using her small business employer's email to seek a job with a competitor.
"Serious" flaws in an employer's s-xual harassment investigation, in tandem with its expectation the worker would continue working alongside her alleged harasser, forced her to resign, the FWC has found.
The FWC has reinstated a "careless" Qube stevedore accused of telling a colleague he put his c-ck in their Subway sandwich and calling another a c-nt, while already on a warning for showing pictures of bikini-clad female colleagues to male co-workers.
The FWC has found an employer unreasonably directed a worker to take a breath test without clearly explaining why, and then unfairly summarily dismissed her for refusing it.
The FWC has reinstated a dairy worker and translated its ruling into his Rohingya language to ensure he understands the concerns that led to his sacking, while also warning the employer it needs to better manage the challenges of a diverse workforce.
The FWC has ordered Qube to reinstate a stevedore sacked after his manager spotted him out for dinner while on leave to grieve a relative's death, finding the worker reasonably concluded it would be unsafe to attend his shift.
Workpac must compensate a mineworker cleared for THC when he used his host-employer's self-testing kits after self-medicating with a joint, but who returned mixed results at the workplace.
The FWC has found that a s-x worker is an employee rather than an independent contractor, because of the significant degree of control the employer exerted over her work, including requiring her to maintain an "immaculate" appearance with styled hair, make-up, lingerie and heels.
A US video game company that told a senior FWC member "I wish the United States was as diligent as you guys" about unfair dismissals has been ordered to reinstate an Australian-based tester, after the tribunal applied the new "practical reality" test for employment relationships.
