The FWC has ordered compensation but declined to reinstate 24 DP World wharfies sacked in 2021 for refusing to be vaccinated against COVID-19, finding that although the dismissal process was bungled, the workers "significantly contributed" to the situation.
A FWC presidential member has stayed payment of $10,000 to an unfairly sacked worker after going beyond an employer's appeal grounds to identify potential flaws in calculation of the compensation.
The FWC has rejected an employer's argument that commissions should not be included in calculating compensation for an account manager found to have been unfairly sacked after refusing to get a COVID-19 jab.
The FWC has reinstated a Sydney Trains worker who used cocaine while on leave, after lambasting the employer for not making it clear that it tests for use rather than impairment and for failing to take on board earlier criticism of its drug and alcohol policy.
Qube Ports must reinstate a stevedore who pranged a client's $70,000 Mercedes after an operations manager mistook her explanations as an attempt to excuse her behaviour or shift the blame.
An intellectual property firm fumbled an employee's summary dismissal when it switched from highlighting his deficient performance and conduct to "dishonesty" over time spent browsing the internet "for items of personal interest", the FWC has found.
In a full bench decision exploring what constitutes work-related conduct, essential services provider Ventia has failed to knock out the reinstatement of a firefighter who shared an Only Fans video and a meme showing three naked women in a "sickos" Facebook group of current and former colleagues.
The FWC has castigated an employer for its "unconscionable" and "intimidatory" written notice suggesting that a casual duty manager committed theft and fraud when she failed to pay for a drink or offer an explanation for missing stock, while it has also lambasted its representative, Clubs NSW, for its "unprofessional" conduct in characterising her conduct as criminal.
Australia’s largest family-owned office supplies company unfairly sacked an account manager when it claimed she repudiated her contract by refusing to get a COVID-19 jab, the FWC has found.
The FWC has reinstated a worker dismissed for allegedly trying to extend her annual leave by taking sick leave, which the employer viewed as a "dishonest" attempt to mislead it.