Unfair dismissal/termination of employment page 118 of 131

An employee who threatened to "go postal" in the workplace was unfairly dismissed, because he was mentally unwell, the Fair Work Commission has ruled.

The FWC has found even the "most basic" of HR advice would have avoided the "error laden and unfair" dismissal of a 457 visa holder employed under an exploitative arrangement in which she worked as a motel senior manager on the proviso that her partner toiled for free.

The FWC has ordered Sydney's St Vincent's Hospital to reinstate a security supervisor it sacked after an external investigation found his complaint about indecent touching of a psychiatric patient was falsely made to bully or harass a colleague.

Unfair to sack supervisor for remark made in jest; FWC grants legal representation for case to be heard on "less emotive" basis; Employer's appeal against domestic violence sacking rejected by full bench; High-earning BHPB "number two" not protected from unfair dismissal; HR business partner's $138,000 salary exceeds high income threshold; Tribunal rejects sacked worker's bid for reimbursement of counselling costs; Ranger dismissed because contract ran out, not whistleblowing; and FWC "draws the line" on "meandering" unfair dismissal claim.

Pacific National has been ordered to reinstate a train driver, after the FWC uncovered flaws in its investigation before it sacked him for speeding and leaving his co-driver behind while she took a trackside toilet break.

Employers must conduct a reasonable investigation and avoid a "knee-jerk reaction" when considering sacking any employee facing serious out-of-hours criminal charges, a tribunal has warned.

Morning sickness justifies extending time; Legal representation granted in drug test dismissal case; Constructive dismissal by phone justified after vehicle log book failure; Refusal to accept a large settlement not unreasonable, says FWC; and "Informal chat" insufficient consultation for horse trainer redundancy.

A HR manager has been fined more than $1,000 by the Federal Circuit Court for the part she played in her employer's provision of insufficient notice when dismissing an injured employee.

The FWC has ordered an employer defending an unfair dismissal claim to produce a consultant's bullying report sought by an employee it sacked after he drew a stylised p-nis on a workplace incident report, while it has refused to effectively "mandate" that the employer be represented by its employer association's lawyer.

A worker with a "dismissive" attitude to OHS who breached his employer's zero alcohol tolerance policy has been compensated because a previous warning was too severe.