A refrigerated transport company had good reason to sack a driver who allowed more than $70,000 of ice cream to melt during a six-hour drive, the FWC has found, refusing to accept his blame-shifting for failing to reduce the temperature to the required setting.
The FWC has upheld the sacking of a public sector worker who claimed without medical proof that his ADHD explained his constant failure to turn up to work or complete tasks.
A FWC full bench has affirmed that small businesses have the same obligations as large employers when consulting over redundancies, throwing out a tile importer's appeal against orders to pay more than $30,000 to a former sales representative.
The Federal Court will hear a former Health Department compliance evaluator's challenge to the FWC upholding his dismissal for engaging in persistent and unreasonable complainant conduct, including communications that left managers in fear of making adverse decisions.
A FWC full bench has acknowledged its "deference" to a tribunal member's factual findings in upholding the reinstatement of a stevedore accused of telling a colleague he put his c-ck in their Subway sandwich, while already on a warning for showing pictures of bikini-clad female colleagues to co-workers.
The FWC has upheld the dismissal of a nurse who attempted to start a competitor to an ANMF branch, finding that he called in sick and used the time to campaign, repeatedly complained about his colleagues and HR without foundation, and had been "indiscriminately rude".
The FWC has ordered BHP's labour hire arm to reinstate a worker sacked for saying a female colleague had a "giga-chin" and a "fat -rse", finding he had no idea what the first term meant and that the second accusation, when reframed as "phat -rse", gave it a different complexion.
The FWC has found that an employee of an Australian company who lives and works in New Zealand can bring an unfair dismissal claim, because the employer received his emailed contract acceptance in Victoria.
A cook has received almost $68,000 compensation after being sacked for supposedly refusing to attend mediation over her bullying claims – while in the midst of a Zoom meeting with a mediator.
