A tribunal has warned employers that they must not only have anti-discrimination policies in place but must also ensure they are "communicated effectively", after finding an Aboriginal economic development company vicariously liable for race discrimination.
An FWC full bench has overturned a "counter-intuitive" decision to compensate a worker dismissed for his blatant disregard of his employer's drug and alcohol and OHS policies.
The NSW IRC has found that even if it had found an employee was unfairly dismissed, his Facebook posts calling his employer a "bastard" and "criminal", after the dismissal, would have ruled out reinstatement.
A general manager sacked for going" behind the back" of his employer to allegedly block the sale of the business has failed in his adverse action claim but has won than $30,000 in damages after a court ruled his misconduct did not warrant summary dismissal.
An electrical contracting company on the Ichthys LNG project failed to comply with its agreement when it gave its FIFO employees notice of retrenchment immediately before a rest and recreation period, the FWC has ruled, in a decision with implications for employers of non-residential workforces.
A full Federal Court has ruled today that an FWC full bench went beyond the boundaries of the tribunal's fast-track "permission to appeal" process, when it dealt with the "substance" of a sacked Qantas pilot's challenge to his dismissal.
The FWC has ordered an employer to pay more than $25,000 compensation to a truck driver it sacked for serious misconduct, based on "flimsy" CCTV evidence.
The FWC has refused to reinstate a dismissed teacher, because her school lost trust and confidence in her after she posted disparaging comments on Facebook about an unresolved industrial dispute.
A Fair Work Commission full bench has ruled that representative error does not provide an "inviolable reason" for granting an extension of time for an unfair dismissal claim due to exceptional circumstances.
Making a project manager redundant after granting his request to be transferred to a less secure position did not constitute adverse action as the new role was better for his mental health and the employer's decision was based on his competence, qualifications, tenure and a business downturn, a court has found.
