A power industry worker who invited a colleague to continue their verbal jousting "outside" and told his supervisor to "get f--ked too" has won his job back after the FWC found his actions out of character in circumstances where he faced significant family health issues and "banter" was part of the workplace culture.
The FWC has applauded an employer for its "strong stance" in sacking a worker who told a toolbox meeting that Chinese people are "taking our jobs", but nevertheless awarded him $4000 compensation because of shortcomings in the dismissal process.
The FWC is considering the remedy for an unfairly dismissed labourer after the death of his employer, who sacked him via text message because he lodged a WorkCover claim and planned to take time off to recover from a workplace injury.
An "outstanding" teacher sacked for messaging students and giving them lifts has been awarded compensation after the FWC found that his dismissal disproportionate, given its "catastrophic" consequences.
The FWC has ordered a BHP subsidiary to reinstate an unfairly dismissed former amateur boxer accused of aggressive behaviour, and deploy him to another mine.
Two food delivery service founders have won more than $150,000 in compensation after their sacking by a company chair whose "total disregard" for procedural fairness made it unlikely he would be swayed by HR advice.
An Amazon on-hire worker has been reinstated and awarded almost $15,000 after a FWC member speculated that her threat to go to the tribunal over the reaction to announcing her pregnancy prompted her employer to "circle the proverbial wagons".
A FWC full bench has upheld a $60,000-plus payout to a worker sacked after refusing to take a breath test, rejecting an employer's claim that the umpire unfairly denied its HR manager a chance to give evidence.
The FWC has taken post-employment restraints into account in finding an underperforming sales manager's dismissal unfair, because while they may have been unenforceable they still reduced his prospects of getting a new job.
