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.
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.
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 found Australia Post's failure to meet its service commitments to blame for a worker's late unfair dismissal claim, with his express mail held up in the tribunal's PO box despite it paying for a daily delivery service.
The FWC has found that an employer had no reasonable option other than to dismiss a worker who persistently refused to comply with its hybrid working policy, based on his belief that his employment contract provided an "unconditional" right to work from home.
The FWC is considering the remedy for an unfairly dismissed labourer after the death of his employer, who sacked him via text message because he lodged a WorkCover claim and planned to take time off to recover from a workplace injury.
An "outstanding" teacher sacked for messaging students and giving them lifts has been awarded compensation after the FWC found that his dismissal disproportionate, given its "catastrophic" consequences.
The FWC has ordered a BHP subsidiary to reinstate an unfairly dismissed former amateur boxer accused of aggressive behaviour, and deploy him to another mine.
The FWC has given short shrift to a part-time paid agent who claimed "other commitments" meant he was unable to meet a filing deadline, a senior member observing that the advocate's involvement had done nothing to improve the efficient disposition of an unfair dismissal matter.
