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Workers win reprieve from $25,000 cost security claim

The Fair Work Commission has rejected Patricks' bid for orders requiring five workers - and their solicitor - to provide security for costs of up to $25,000 each prior to their unfair dismissal claims being heard.

Company's tolerance of bullying conduct meant dismissals unfair: FWC

Global smelting company Nyrstar had a valid reason to sack two workers for a history of bullying behaviour, but its failure to deal with the conduct over a long period and to put specific allegations to them meant the dismissals were unfair, the FWC has ruled.


Mobile phone policies under FWC spotlight

In two separate decisions, the Fair Work Commission has ruled that it has the power to arbitrate on the use of mobile phones at BHP Coal's Bowen Basin mines and that a tram driver was unfairly sacked after being accused of using his phone while on the road.

Docks worker sacked for swearing

Even a wharfie can swear too much, according to the Fair Work Commission, which has drawn a distinction between "everyday descriptive language" and swearing "aggressively and maliciously" at someone, in upholding the sacking of a WA employee.

Pattern of inappropriate behaviour justifies dismissal

A Toll employee who intimidated a drug and alcohol testing technician and maintained he was medically unfit to attend meetings with management about his behaviour was validly dismissed, the Fair Work Commission has found.


Valid reason outweighed by long service and investigation delay

A major IT company had a valid reason to sack a project manager who wrongly claimed overnight expenses on 141 occasions over less than 12 months, but his dismissal was unfair given his long and otherwise unblemished service and the long delay in investigating the misconduct, the Fair Work Commission has ruled.

FWC must advise employer on reinstatement options: bench

A Fair Work Commission member's failure to alert an aged care operator during an unfair dismissal hearing that she might reinstate a nurse to a different operational area represented a denial of natural justice, a full bench has found.

Mother of a mistake no justification for late application

Allowing a late unfair dismissal application because of representative error is less likely to occur where the agent is not professionally qualified, a Fair Work Commission appeal bench has ruled.