BHP Coal Pty Ltd unfairly sacked a mine operator for misconduct over his use of the words "scab" and "scabby" in discussions with colleagues, because he did not direct the comments to anyone and they were not used in an industrial context, the FWC has found.
Lawler takes on Cash; Perpetrators not entitled to domestic violence leave, says ACTU; PC floats new approach to allocating default super funds; and FWC president refuses to re-open crucial labour hire ruling.
A HR manager with an "outstanding" work record introduced an "element of tragedy" to her career when she made the "great mistake" of taking her personnel file home without permission then refused to return it, the FWC has found.
A mineworker who along with his workmates bullied a hardworking colleague and used their vehicles to box him in on a highway has failed to convince the FWC he was unfairly dismissed.
A Perth Airport baggage handler has been compensated after the FWC found it unfair to sack him for "extremist" social media posts, including "we all support ISIS", that purportedly sympathised with terrorist groups.
A court has dismissed an attempt by six former Patrick Projects employees to win an interlocutory injunction stop its takeover while they sue it and parent company Asciano for allegedly failing to adhere to an employment agreement and deed.
The FWC has rejected a construction of the statutory "effective representation" test argued by a dismissed employee seeking to have a lawyer appear for him in the Commission, because it would set the bar too high even for "experienced industrial advocates and lawyers".
A court has made it clear that employers can be obliged to provide reasonable notice beyond requirements in the NES, in an adverse action case triggered by a general manager's sacking for comments about a major client's pregnant wife that "when you have a baby your wife is ripped from asshole to c--t and it never looks the same again".
An accountant suspended and sent on "home leave" for his failure to honour a sale of business transaction and misdirecting company funds will receive seven months' salary because his employer failed to formally dismiss him, the Victorian Supreme Court has found.
In a novel ruling, an FWC full bench has ruled that an on-hire worker no longer had the capacity to perform his job once a labour hire provider acceded to a host employer's demand to end his placement.
