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.
The FWC has ordered the reinstatement of a casual early childhood educator axed from her workplace roster because she failed to fill out a child safety declaration while off the job in a remote, cyclone-afflicted area in China.
The FWC has awarded more than $30,000 compensation to a "difficult" former Services Australia worker who should have been "given space" to restore his mental health before he resigned.
The FWC has upbraided a small business owner for informing a supervisor through an email drafted with help from ChatGPT that it had decided to retrench her, finding that sacking a worker via such a "cursory" means fails "to adhere to basic standards of decency".
The FWC has found it unfair to summarily sack an "unsatisfied" manager accused of using her small business employer's email to seek a job with a competitor.
"Serious" flaws in an employer's s-xual harassment investigation, in tandem with its expectation the worker would continue working alongside her alleged harasser, forced her to resign, the FWC has found.
The FWC has reinstated a "careless" Qube stevedore accused of telling a colleague he put his c-ck in their Subway sandwich and calling another a c-nt, while already on a warning for showing pictures of bikini-clad female colleagues to male co-workers.
The FWC has found an employer unreasonably directed a worker to take a breath test without clearly explaining why, and then unfairly summarily dismissed her for refusing it.
The FWC has reinstated a dairy worker and translated its ruling into his Rohingya language to ensure he understands the concerns that led to his sacking, while also warning the employer it needs to better manage the challenges of a diverse workforce.
