Employers in safety-critical industries might be entitled to enforce zero tolerance policies because there is no scientific test for impairment arising from cannabis use, a Fair Work Commission full bench has suggested.
A Qantas pilot who sexually harassed a female crew member while heavily intoxicated during an international stopover was responsible for his own actions and had suffered "a catastrophic fall from grace", the Fair Work Commission has ruled in rejecting his unfair dismissal claim.
In separate out-of-time rulings, the Fair Work Commission has rejected a sacked employee's challenge to when his dismissal took effect, but given another employee the benefit of the doubt on the "unreliability" of the tribunal's e-filing system.
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.
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.
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.
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.
Full bench in test case on casual qualifying period; Cooling-off for unfair dismissal settlement recognised; No extension of time for employee who evaded retrenchment notice.
A Fair Work Commission member denied an employer procedural fairness when he allowed a self-represented unfair dismissal applicant to escape cross examination by giving unsworn evidence from the bar table, a full bench has ruled.
