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.
A FWC full bench has canvassed the meanings of "sufficient interest" and "sufficiently representative" in upholding a challenge to the approval of a labour hire company's agreement, voted on entirely by casuals despite extending to permanents.
The FWC has upheld the sacking of an experienced electrician burned by a fireball, factoring in his failure to wear a face shield and rejecting his claim that "delirium" made him fudge a risk assessment.
A public servant who claimed he should have received six weeks carer's leave to escort his frail father back to India for a specialist's appointment and physiotherapy has failed to convince a senior FWC member, who found no evidence to suggest he could not have been treated locally.
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 has upbraided an early learning facility for seeking to override a part-time employee's right to predictable hours that the employer found "commercially or operationally inconvenient".
The former national HR manager of the country's biggest tug operator made a "snap decision based on... irritation" when she chose to unlawfully dismiss a senior port manager because he rejected a new role central to restructuring plans, a court has found.
A senior FWC member has backed a university's approach to consultations ahead of planned job cuts, while observing its unsustainable financial position makes redundancies "inevitable".
