An employee suspended for refusing to work from home while his bullying allegations were investigated has failed in his bid to rely on state whistleblower legislation to secure injunctions against further disciplinary action, including his sacking.
The Federal Circuit Court has found a rail company took unlawful adverse action when it dismissed a locomotive driver who became sick and anxious and couldn't go through with a competency assessment six weeks after he was involved in a crash.
In a decision that has the potential to expand the number of general protections cases, a Fair Work Commission full bench headed by the president has ruled that the tribunal has no power to dismiss an application on jurisdictional grounds and must hold a conference once a claim has been lodged.
In a split decision, a NSW IRC full bench has upheld an appeal against orders preventing the dismissal of three corrections officers, after finding that Deputy President Rod Harrison had incorrectly based his decision on whether the officers were guilty of serious misconduct.
The Coalition has largely succeeded in neutralising IR as a 2013 federal election issue by promising to retain – at least for one term – Labor's Fair Work framework, but Australia's two major parties are still going to the September 7 poll with some significant policy differences, including on paid parental leave, right of entry, and construction industry regulation. Workplace Express compares their IR policies and those of the Greens, whose future hold on the Senate balance of power is uncertain.
Virgin flight attendant's reinstatement confirmed; Evidence from decision-maker not a requirement for valid reason; and All s387 factors relevant to whether dismissal fair.
A prison officer has failed to win reinstatement after being summarily dismissed for impersonating a co-worker by sending an email from the colleague's account to his entire department, inviting other "homosexuals" to contact him.
A Qantas flight attendant's bad language and agitated behaviour provided grounds for her dismissal, but it might have been different if the conduct had occurred on a building site, FWA has found.
