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.
Three employees of a major transport and logistics company have been reinstated after the FWC overruled their employer's decision to dismiss them for allegedly stealing uniforms.
The FWC has reinstated a portable toilet delivery driver sacked for a safety breach, after rejecting his employer's claims that he shouldn't be returned to the job because it no longer had trust and confidence in him.
Employer can "effectively represent itself"; It's peculiar: Bench overrules refusal of name change; Employer pays for hitting snooze on investigation; Dating a no-no on employer phone, says FWC; and Hairdresser's evidence doesn't cut it.
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.
