The FWC has upheld the sacking of an accounts manager for cosmetics giant Coty for making disparaging comments about clients in an email she accidentally sent to them.
The FWC has highlighted that an employee with no legal qualifications or background in IR who won an extension of time for her unfair dismissal claim "provided the sole information" to the tribunal about representative error, despite the presence of her advocate at a hearing.
A full Federal Court has concluded that BHP Coal was entitled to sack a boilermaker who refused to attend a medical appointment to assess his fitness to return to work.
The FWC had found that an unresolved dispute extended a worker's employment beyond the six month qualifying period for protection from unfair dismissal.
The FWC has rejected an employer's jurisdictional objections to hearing the dismissal appeal of an employee over the high-income cap who worked on overseas assignments, finding that while he fell outside the enterprise agreement he was covered by the industry award.
The FWC has upheld the summary dismissal of a rail worker who argued that her employer's failure to warn her or take action over misconduct stretching back as far as two years was akin to "condoning" her behaviour.
FWC President Iain Ross has asked a full bench to review abandonment of employment clauses in six modern awards after a recent ruling that employers must take the "additional step" of ending the employment relationship when a worker walks off the job.
The FWC has accepted an employer's argument that the "paramount" importance it placed on OHS justified its sacking of a long-serving employee with an "unblemished history" who recorded more than twice the workplace blood alcohol limit after drinking four glasses of red wine the previous evening.
