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 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.
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 pest control company that sacked a bookings officer for initially refusing to disclose whether her partner had gone to work for a rival business was entitled to seek such information, the Fair Work Commission has ruled.
A company's requirement for an employee to work additional unpaid hours and make himself available on-call was neither lawful nor reasonable, the Fair Work Commission has ruled in upholding his unfair dismissal claim.
A motor mechanic who misled his employer about his trade qualifications in a job interview had destroyed the trust and confidence in the employment relationship, the Fair Work Commission has ruled.
Allowing a worker to switch from pursuing an unfair dismissal to a general protections claim after unsuccessful conciliation would allow him "two bites of the cherry", the Fair Work Commission has ruled.
A fly-in, fly-out worker who made bullying and intimidation complaints but then refused to comply with his employer's instructions or grievance process has lost his unfair dismissal claim.
