A TNT Express driver who clumsily tried to extricate himself from a conversation that had s--ual undertones with a younger female retail store employee did not breach the company's harassment and discrimination policy, the Fair Work Commission has found.
A Fair Work Commission full bench majority has found that an employee of The Body Shop did not breach her employment contract by working as an independent contractor for another retailer, and was unfairly dismissed when she refused to terminate the engagement.
BHP Coal was entitled to direct a boilermaker to attend an appointment with a company-nominated physician to determine whether he was fit to return to work, and to then terminate his employment when he refused to go, a Fair Work Commission full bench has ruled.
An injured Qantas baggage handler who sought a review under state workers compensation law of a rehabilitation plan that would have transferred him to a new employer was not prevented by the Fair Work Act's "multiple actions" provisions from pursuing a federal unfair dismissal claim, a full bench of the FWC has ruled.
A senior member of the Fair Work Commission has reinstated a Coles forklift driver who was involved in a fight with a colleague, finding his dismissal harsh given his good record over 18 years of employment and his relatively passive role in the altercation.
A Toll subsidiary was justified in dismissing a Gorgon fuel terminal officer for falsifying a safety document, despite the fact that he was instructed to do so by a company OHS advisor, the Fair Work Commission has found.
The need for employers to consider the individual circumstances of employees taking industrial action before they institute disciplinary action has been demonstrated in a FWC finding that a company unfairly dismissed a crane driver who belatedly joined an unlawful stop-work meeting.
Pacific National was justified in sacking a long-serving train driver who was 120 seconds away from colliding with another train, after failing to see and respond to two signals, the Fair Work Commission has found.
A senior FWC member has strongly endorsed legal representation of parties in hearings, saying that with the rise of self-representation, the involvement of legal practitioners is "more often than not, a welcome relief".