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Phone porn part of valid reason, but procedure makes dismissal unfair

A company had a valid reason for sacking its sales manager, including the post-employment discovery of pornographic images on his mobile phone, but "substantial" procedural deficiencies made the dismissal unfair, the Fair Work Commission has ruled.

Worker who failed drug test not constructively sacked

A power plant operator who resigned to protect his termination entitlements after failing a workplace drug test was not constructively dismissed, the Fair Work Commission has ruled.


Off-duty groper not unfairly sacked

The dismissal of an employee for groping a bartender while staying at a hotel paid for by his employer was not unfair, the Fair Work Commission has ruled.

"Appalling" dismissal fails small business code

A sales assistant summarily dismissed for alleged theft has been awarded nearly $30,000 after the Fair Work Commission found no justification for her employer's "inexcusable" behaviour in sacking her and reporting her to the police.

Senior public official loses breach of contract case

A state government that lost confidence in its mining warden did not breach his employment contract when it removed him from office, nor did it contravene trade practices laws when it originally offered him the role, a court has ruled.

Serco loses major redundancy exemption case

Serco Sodexo Defence Services Pty Ltd has failed to convince the Fair Work Commission it obtained employment for the vast bulk of its workforce when it lost its Defence Department contracts last year, and now faces a hefty redundancy bill for the hundreds of employees who found jobs with the new contractors.

Workers who breached safety rules get jobs back

Two mineworkers sacked for breaching "lifesaving" rules at a mine owned and operated by BHP Coal have been reinstated after the Fair Work Commission found their dismissals disproportionate and inconsistent.

Different standard for supervisor in porn reinstatement ruling

An Australia Post supervisor found to have been unfairly dismissed for emailing pornography on the organisation's system has lost his reinstatement bid, with a Fair Work Commission full bench holding it reasonable to expect higher standards from him than from his more junior co-workers who won their jobs back.

Docks culture laid bare in MUA delegate's failed bid to regain job

Stevedoring giant DP World was entitled to summarily dismiss an MUA delegate who called a colleague a "f--king lagger" and instructed another worker to lie in a related investigation, and the sacking did not amount to adverse action, the Federal Court has ruled today.