A gym must compensate a martial arts instructor for taking the "unnecessarily harsh" step of summarily sacking him, despite the FWC finding it within its rights to give him his marching orders for constantly using his phone while supervising classes.
In a decision noting that workers cannot hold employers to promises in a "changing world" in which they must move with the times, the FWC has held that a call centre had a valid reason to sack a contact officer who refused to learn new skills, but a "ruthless" process made it unfair.
The FWC has upheld the sacking of a BHP Coal mineworker who punched a supervisor in the face and asked a colleague if she had "fake t-ts" at a company Christmas party, but has reinstated another employee dismissed for serious misconduct at the same event.
The FWC has found Westpac subsidiary BT unfairly dismissed a business development manager by giving him "no effective or real option but to resign" when it failed to deal with his excessive working hours or investigate his complaints against a former mentee.
A company "motivated by malice" when it forged documents to cut the leave balance of a chief operating officer it perceived as "a thorn in its side" has been ordered to pay $250,000 in penalties and unpaid entitlements.
The FWC has admonished a BHP subsidiary for taking a "haphazard" approach to its disciplinary guidelines, finding it had a valid reason to sack a mineworker for her "deviant" conduct when she put a s-x toy in a colleague's carry-on baggage, but procedural failings made it unfair.
The FWC has rejected the "post fabricated" inventions of a supermarket owner found to have sacked a casual shop assistant because he preferred workers from Asian-speaking backgrounds, ordering full compensation despite claims it would destroy his business.