Fitness for duty page 3 of 11

105 articles are classified in All Articles > Workplace policy > Fitness for duty


Communication of sacking can't be outsourced to cops: FWC

The FWC has cleared the way for a worker accused of "disruptive menace" and assaulting the chief executive to pursue a general protections claim against his former employer, holding it could not delegate to police the task of telling him he had been sacked.

Sacked for refusing assessment, not for complaining: Court

A court has thrown out an adverse action case pursued by an Aldi truck driver sacked for refusing a psychological assessment, noting he might have been better off making an unfair dismissal claim.


High Court rules on traumatised lawyer's case

The High Court has today unanimously found that a lawyer diagnosed with PTSD and depression after working in the Victorian public prosecutor's unit that handles s-xual offences, including those involving children, would have cooperated with steps by her employer to shift her to another area of its operations.

$150,000 in damages after s-xual harassment, assault

A tribunal has awarded a s-xually harassed and assaulted beauty therapist $150,000 in general damages, equal to $70 per day for the six years she has suffered and will likely continue to suffer the effects of the conduct.

Four-member bench rules on driver's out-of-hours conduct

A four-member FWC full bench has overturned the reinstatement of a long-serving train driver sacked after he divulged he faced criminal charges for high-range drink driving, ruling that a presidential member failed to properly consider the connection between his out-of-hours conduct and his safety-critical job.

Bunnings sacked me for harassment in former job: Claim

An accountant previously held to have s-xually harassed a supervisor is now challenging his dismissal from a new job as a pricing coordinator at Bunnings, accusing it of discriminating against him with "outright vengeful intent" when it became aware of his history.

FWC refuses to extend time despite law firm's failure

The FWC has found a law firm's lack of competence and "grossly unprofessional" conduct primarily to blame for the late unfair dismissal claim of a worker who breached a vaccine mandate, but it has refused to grant a one-day extension due to her role in the delay.

Ross declines to refer vax "questions of law" to full bench

FWC President Iain Ross has refused to refer to a full bench "questions of law" from a health worker and a group of Virgin employees seeking declarations that it is illegal to threaten those breaching vaccine mandates with the sack and that a "non-covid injected person" is no risk.

Harassment started at job interview: Manager

The Australian arm of an international pest control company is facing claims its chief executive and HR manager victimised and discriminated against its business development manager because she accused a colleague of repeatedly s-xually harassing her.