A Federal Court judge, after identifying conflicting case law on how to assess employers' motives, has concluded that the ATO did not sack an auditor for complaining about "defamatory" claims that he told colleagues during office drinks that he would "f--k" his manager to get a promotion.
The FWC has tossed out an unfair dismissal claim from a government lawyer responsible for overseeing safe workplaces, finding he fully understood the seriousness of "wilfully and persistently" refusing to confirm his COVID-19 vaccination status.
A Sydney Trains employee has won his job back after he was initially convicted of assaulting a Year 8 student by hugging and kissing her on a platform, the FWC first seeking feedback on whether to move him to another station or role.
A court has tossed out a former accountant's novel claim that Bunnings' decision to dismiss him after discovering he had s-xually harassed a supervisor at a different job more than a decade earlier amounted to discrimination on the basis of "social origin".
The FWC has reinstated a firefighter who refused to provide proof of his COVID-19 vaccination status while on leave, observing that his employer failed to properly read a response indicating he was inoculated before taking a "well-worn disciplinary path" towards dismissal.
The FWC has found in the absence of a written contract that a sex worker was an independent contractor rather than a casual employee before being dismissed in June for “unacceptable and threatening behaviour".
The CFMMEU's mining division has asked the FWC to intervene after almost two years of fruitless bargaining for enterprise agreements covering internal labour hire companies run by BHP's Operations Services.
The FWC has acknowledged both the work/family difficulties faced by remote workers and employers' challenges in managing employees scattered across the country in upholding the dismissal of a FIFO mine worker sacked for abandoning his employment after he left work without approved leave and failed to provide a return date.
A senior FWC member has lambasted an "incompetent" and "belligerent" representative involved in numerous challenges to vaccination-related dismissals, bemoaning that a regulatory gap prevented him from awarding costs against the offending individual.
A foreign exchange dealer sacked after unwittingly becoming entangled in a $23,000 fraud will have his unfair dismissal case reheard after a FWC bench agreed a tribunal member found him in "serious breach" of a company policy that did not exist.
