Sacking a transit officer for "excessive force" when he used capsicum spray on a threatening 12-year-old boy was unfair because the employer should have considered demoting him instead, a tribunal has found.
The FWC has found it was harsh to dismiss a nurse who tagged two colleagues to a s-xually explicit Facebook video and said they were "slamming" each other, set-up a mock masturbation scene on a workmate's desk and referred to a senior manager in crude derogatory terms.
The FWC has ruled that a cabin crew supervisor, who failed to convince the tribunal last year that his sacking for alleged sexual harassment was unfair, must now pay costs for continuing to pursue his claim after he rejected a $20,000 settlement offer.
The FWC has found that an employer was justified in seeking to protect its reputation by sacking a "dishonest" employee who told a client she had sent an important document when no trace of the email could ever be found.
The FWC has found Qantas should have implemented a penalty "lesser than dismissal" for a long-serving flight attendant who stole alcohol from a flight then lied about it, but has rejected reinstating him because it might "condone" theft.
The NSW IRC has ordered the reinstatement from today of a decorated senior prison officer it dismissed for assaulting three inmates while suffering from a mental illness, but he will be denied backpay due to his misconduct.