Browsing: Remedy


$20K compensation after insensitive "war room" reference

An engineer who lost a close relative in the current Israeli-Palestinian conflict was clearly offended when a manager directed him to move his desk into a project "war room", but his refusal still provided a valid reason for his dismissal, the FWC has found.


HR manager's summary sacking a "disproportionate response"

The FWC has found it "disproportionate" to summarily sack a HR general manager accused of creating an "unsafe" environment for her team and calling for their heads when they gave negative feedback, while also rejecting the employer's inference that she opportunistically used her distress over the outbreak of the Israel-Palestine war to explain her conduct.


Employer slugged $83K after sacking union delegate

An AMWU delegate sacked for allegedly outing non-union co-workers has been awarded the maximum available compensation after the FWC expressed surprise that his multinational employer's investigation could have been conducted "so badly".


Post-lunch email no proof of spilling beans: FWC

Listed services giant Ventia has been ordered to pay $25,000 compensation after failing to persuade the FWC it had reason to sack a senior employee it claimed divulged commercially sensitive information to its former national hospitality and catering manager over a lunchtime catch-up.


FWC bench weighs in on workplace "impairment"

A FWC full bench has upheld the reinstatement of a Sydney Trains employee found to have traces of cocaine in his system, despite ruling that a senior member wrongly concluded that employers need to establish workers who fail drug and alcohol tests are at risk of being "impaired" before sacking them.


Bullying, discrimination claims not supported by "scanty" hearsay

In a warning to employers undertaking investigations of workplace complaints, the FWC has ordered a mushroom grower to compensate a former harvest team leader sacked on the basis of "scanty" hearsay evidence and the "sheer number" of allegations about bullying and racial discrimination.



Give more thought to recognising migrants' licences: FWC

A FWC presidential member has suggested policymakers give greater consideration to recognising the "industrial qualifications" of migrant workers after ruling an employer unfairly dismissed a factory hand when it made him redundant without consultation due to his unsuccessful attempts to obtain an Australian forklift licence.


BHP "rushed" harassing worker's dismissal: FWC

The FWC has found a long-serving BHP Coal worker who had "clearly not adjusted to the modern workplace" s-xually-harassed two colleagues, but a rushed investigative process and lack of a proper opportunity to respond rendered his dismissal unfair.



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