Unfair to sack supervisor for remark made in jest; FWC grants legal representation for case to be heard on "less emotive" basis; Employer's appeal against domestic violence sacking rejected by full bench; High-earning BHPB "number two" not protected from unfair dismissal; HR business partner's $138,000 salary exceeds high income threshold; Tribunal rejects sacked worker's bid for reimbursement of counselling costs; Ranger dismissed because contract ran out, not whistleblowing; and FWC "draws the line" on "meandering" unfair dismissal claim.
Employers must conduct a reasonable investigation and avoid a "knee-jerk reaction" when considering sacking any employee facing serious out-of-hours criminal charges, a tribunal has warned.
A welder's claims that he was "fine" after bingeing on 20 cans of full-strength beer over 12 hours on Australia Day before facing a random breath test at work has failed to impress FWC member Danny Cloghan, who says it "would be greeted with that very Australian saying relating to animal manure".
Despite being lawfully sacked for his inability to return to pre-injury duties, a Qantas baggage handler will be compensated after the FWC found steps leading to the decision were inadequate, confusing and lacked procedural fairness.
Doctor awarded $20K after hospital fails to give adequate notice; Account manager compensated despite poor performance; and Directors of defunct companies liable for IR fines.
The FWC has compensated a senior HR consultant after her employer conducted a flawed investigation into suspicions she had copied confidential information to help start her own business.
Former CFMEU official Ben Loakes' claims the union conspired to have him sacked have been rejected by the FWC after it found the official's evidence did not stand up to "any scrutiny".
A tram company's payments to a driver it suspended then sacked for texting on the job made up for procedural shortcomings arising from its "hands off" HR practices, the FWC has found.
The human resources expertise available to a franchisee company from a franchisor can't be taken into account when the FWC is considering, during unfair dismissal cases, whether the absence of dedicated HR skills influenced the employer's procedures, the Commission has ruled.
