Global smelting company Nyrstar had a valid reason to sack two workers for a history of bullying behaviour, but its failure to deal with the conduct over a long period and to put specific allegations to them meant the dismissals were unfair, the FWC has ruled.
Employees are not entitled to bring a support person to a meeting to investigate a workplace incident that might result in dismissal, a FWC full bench has ruled in overturning the reinstatement of a long-serving forklift driver.
In two separate decisions, the Fair Work Commission has ruled that it has the power to arbitrate on the use of mobile phones at BHP Coal's Bowen Basin mines and that a tram driver was unfairly sacked after being accused of using his phone while on the road.
Even a wharfie can swear too much, according to the Fair Work Commission, which has drawn a distinction between "everyday descriptive language" and swearing "aggressively and maliciously" at someone, in upholding the sacking of a WA employee.
A Toll employee who intimidated a drug and alcohol testing technician and maintained he was medically unfit to attend meetings with management about his behaviour was validly dismissed, the Fair Work Commission has found.
A Fair Work Commission full bench has overturned the reinstatement of a Sydney Harbour captain sacked for failing a drug test after crashing his ferry into a wharf.
A major IT company had a valid reason to sack a project manager who wrongly claimed overnight expenses on 141 occasions over less than 12 months, but his dismissal was unfair given his long and otherwise unblemished service and the long delay in investigating the misconduct, the Fair Work Commission has ruled.
A Fair Work Commission member's failure to alert an aged care operator during an unfair dismissal hearing that she might reinstate a nurse to a different operational area represented a denial of natural justice, a full bench has found.
Allowing a late unfair dismissal application because of representative error is less likely to occur where the agent is not professionally qualified, a Fair Work Commission appeal bench has ruled.
A leading barrister has looked ahead at issues - including damages in dismissal cases - likely to arise if the High Court confirms the existence of an implied term of mutual trust and confidence in Australian employment law.
