The "critical facts" John Holland Group relied on to sack an OHS advisor for "misrepresenting" a safety incident have failed to stand up in the Fair Work Commission.
Employers in safety-critical industries might be entitled to enforce zero tolerance policies because there is no scientific test for impairment arising from cannabis use, a Fair Work Commission full bench has suggested.
Global smelting company Nyrstar had a valid reason to sack two workers for a history of bullying behaviour, but its failure to deal with the conduct over a long period and to put specific allegations to them meant the dismissals were unfair, the FWC has ruled.
Employees are not entitled to bring a support person to a meeting to investigate a workplace incident that might result in dismissal, a FWC full bench has ruled in overturning the reinstatement of a long-serving forklift driver.
A truck driver sacked for urinating outside the entrance to a Woolworths warehouse will receive around $14,000 in compensation after the Fair Work Commission ruled his employer's handling of the investigation into the incident rendered his dismissal unfair.
The need for employers to consider the individual circumstances of employees taking industrial action before they institute disciplinary action has been demonstrated in a FWC finding that a company unfairly dismissed a crane driver who belatedly joined an unlawful stop-work meeting.
Zero-tolerance drug and alcohol policies are back in the spotlight following the FWC's decision to reinstate a ship's master who crashed his ferry into a Sydney Harbour wharf 16 hours after smoking marijuana at home to relieve shoulder pain.
In a ruling that highlights the need for tribunal members to fully explore reinstatement options for unfairly dismissed employees, the Fair Work Commission has upheld an appeal by a Catholic teacher against a decision not to give him his job back.
A finance company has failed to overturn an order to pay $1.6m in damages to a sales director it initially dismissed on notice and then purported to summarily sack for allegedly sexually harassing a subordinate.
The Fair Work Commission has rejected an unfair dismissal claim by an overweight forklift driver after it found he had abused his managers after having received a final written warning for similar behaviour six months earlier.
