The FWC has awarded $20,000 to an on-hire mineworker sacked after testing positive for anti-depressants, finding that more consideration should have been given to his "genuine misunderstanding" of the host's new drug policy.
The removal of a long-serving on-hire worker on her host's instruction after she mislabelled two boxes amounted to an unfair dismissal but the FWC has "reluctantly" declined to order compensation despite the labour supplier's failure to "go into bat" for her.
The FWC has extended time for an 11-days-late unfair dismissal claim, after finding the HR professional representing her incorrectly advised her to send a letter of demand to the employer in the interests of "procedural fairness", leading to her missing the 21-day deadline.
A court has ordered Airservices Australia to reinstate a would-be firefighter who claims it discriminated him against him because of his type 1 diabetes.
A FWC full bench has overturned the rejection of a late adverse action application in which a worker claims symptoms caused by Parkinson's disease "perfectly matched" the performance reasons given for his sacking.
An asset management company breached the employment contract of an analyst accused of making a fictitious manual entry of more than $284,000, but did not subject her to adverse action after alleging its leaders bullied her, a court has held.
A FWC full bench has refused to overturn the dismissal of a worker in a safety-critical role, upholding a member's finding that the seriousness of the worker's three positive drug tests outweighed procedural shortcomings.
The FWC has upheld the sacking of an aged care home manager found to have signed off on a colleague's "ludicrous" work-from-home arrangement while apparently harbouring hopes that their close relationship would deepen.
A dance instructor's refusal to take out the rubbish did not justify his sacking, the FWC has held, while his visa status has contributed to a finding of harshness.
Virgin Australia has failed to reverse the reinstatement of a flight attendant sacked for drinking a glass of prosecco within eight hours of a shift, and further accused of breaching its fatigue management policy by having s-x after requesting a shift change due to tiredness.
