An employer that took away most of a pregnant cashier's rostered shifts after $300 in shortfalls has been ordered to compensate her after the FWC ruled that the resultant 75% reduction in her pay amounted to a repudiation of her employment contract.
A tribunal member who reinstated a transit officer sacked for spraying a minor with capsicum spray should have given greater weight to his past conduct and the viability of re-establishing an employment relationship, a full bench has found.
The FWC has reinstated a worker after highlighting that her employer might have conducted unlawful covert video surveillance and that its HR department mishandled her dismissal.
An employer treated a long-serving worker like a "dirty rag" when it sacked her for an alleged incapacity to meet her job's inherent requirements, the FWC has found in what it describes as an "ignominiously memorable" case that provides a "strong foundation for argument against any lessening" of unfair dismissal protections.
The FWC has expressed "surprise" at the HR practices of a major courier company that dismissed a depot manager who was partially responsible for a breach of a worldwide embargo on a new JK Rowling book and was the subject of unfounded bullying allegations.
The FWC has slammed an employer for "behaviour of the shabbiest type" when it "de-rostered" an employee and cancelled his 457 visa sponsorship application because he asked to be paid his minimum lawful entitlements.
The FWC has called on employers to introduce a greater range of disciplinary options like fines and unpaid suspensions into agreements to avoid "inappropriately lenient or inappropriately harsh" responses to misconduct that are problematic for all parties concerned.
A tribunal has upheld the sacking of a general manager's personal assistant for storing more than 1200 inappropriate and pornographic emails in a "funny emails" folder, but has compensated her because it was harsh.
The FWC has awarded $6,000 compensation to a travelling salesperson who was unfairly dismissed for making a "crude" and "immature" Facebook post suggesting a woman provided s-xual favours to her boss to win a promotion.
