A prison officer effectively sacked twice after pleading guilty to assaulting three inmates has again won his job back, an appeal court finding that the IR commissioner who originally reinstated him had correctly focused on what is fair and just, rather than "the reputation of the government".
The FWC has extended time for a BHP joint venture mineworker to lodge a general protections claim challenging his sacking over a failed drug test, but has agreed there is "great weight" to the employer's view that it is essentially an unfair dismissal application in disguise.
In a broad warning to employees mixing social media and work, the FWC has found that a BHP Billiton mineworker was justifiably sacked despite upon realising his error quickly deleting two Facebook posts mistakenly asserting shifts were cancelled.
The Flight Attendants Association has successfully claimed a small business exemption from a manager's unfair dismissal claim on the basis elected officials are not employees, the FWC finding that in helping draft a ROC complaint she defied reasonable directions not to discuss the secretary.
The FWC has ordered a lawyer to pay half the costs awarded to an unfairly dismissed sales manager, finding he could have saved time and money by revealing on the morning of the hearing that his client would not press jurisdictional objections.
A multinational company bungled what could otherwise have been a fairly straightforward dismissal of a detention officer who slept on the job, the FWC finding that "blindsiding" her with photographic evidence at the second of two meetings denied the otherwise exemplary employee procedural fairness.
The FWO is seeking to fine the CFMMEU's MUA division more than $3.5 million for unlawful industrial action against Hutchison Ports, using a novel argument that historic contraventions of the same Fair Work Act provision denies the union the benefit of the legislation's single course of conduct mechanism.
The FWC has found that a hairdresser who both quit and was told she was fired during a bizarre late-night Facebook Messenger exchange was in fact unfairly dismissed, with the FWC observing there was no reason for it beyond the salon owner's "conspiracy theory".
A bus company must reinstate a driver it dismissed on the spot, after CCTV footage undermined claims that he shouted at his general manager and behaved unreasonably after a meeting about his forcible ejection of a highly abusive would-be passenger.
