A worker who threatened his managers that he would set bikies on them and that he had "a bullet with your name on it" resigned in the "heat of the moment" and should have been given the chance to retract it, but the FWC has upheld his dismissal because his menacing behaviour amounted to serious misconduct.
A FWC full bench has upheld the reinstatement of a wharfie who tested positive for cocaine, rejecting employer arguments that the Commission's approach to appeals is "broadly wrong" and should involve reassessing a case rather than searching for errors in the original decision.
The ABC must pay $70,000 compensation for non-economic loss to presenter Antoinette Lattouf for terminating her employment for reasons including that she held a political opinion opposing the Israeli military campaign in Gaza, after a Federal Court ruling this morning.
After rebuffing a recusal bid, the FWC has dismissed a worker's anti-bullying claim against his migration agent, who has made it very clear she wants nothing more to do with him.
A schoolteacher "absurdly" sacked for yelling at students has won maximum compensation, after a FWC member retreated from his initial order to reinstate her.
The Federal Circuit and Family Court has told a senior manager it lacks the power to declare Bunnings breached whistleblower laws when it allegedly sacked him after he accused it of short-changing staff, but it can award compensation if his claims succeed as part of his adverse action case.
A worker's covert recordings of disciplinary meetings might have been lawful if he had only used them to "aid his recall", rather than submitting the audio and transcripts as evidence in his unfair dismissal case, the FWC has ruled.
The FWC has backed the sacking of a worker who shoved and swore at a woman as they rode an elevator towards his office, rejecting his claims of self-defence and that the employer's code of conduct did not apply because his shift had not started.
With employers said to be using artificial intelligence for everything from recruitment and rostering to forecasting industrial action, an employment lawyer is urging IR practitioners to consider the legal, ethical and practical issues.
An employer's request for a medical certificate demonstrating a senior manager's fitness for work after an extended absence would have been unlawful and unreasonable if his contract had not required him to participate in medical examinations.
