Misconduct page 39 of 60

The FWC has found that a firefighter's dishonesty in concealing a professional ban arising from indecent assaults was sufficient reason for his dismissal, even after rejecting the employer's own reasons as invalid.

A worker has failed to convince the FWC he had no choice but to resign because he believed an investigation into his alleged misconduct was a "sham".

Sacked NUW NSW official Nick Belan has today continued his challenge to the FWC's ability to rely on evidence given to royal commissions, urging a full Federal Court to treat the tribunal like a court and find that it should not have been able to uphold his sacking on the basis of admissions made in 2015.

In a case likely to test whether an employer can argue one of a position's inherent requirements is not to publicly attack a business partner, a former manager will claim Cricket Australia took adverse action by sacking her for tweeting criticism of the Tasmanian Liberal Party's abortion policies.

The FWC has criticised an employer for directing a worker to manage her relationship with a "predictably volatile" supervisor, finding she was unfairly dismissed in the wake of a "screaming match" and ordering her reinstatement.

The FWC has confirmed the right of employers in safety-critical industries to dismiss workers whose out-of-hours conduct impairs the safe performance of their duties, in the case of a flight attendant who called in sick during a layover after being hospitalised with a blood-alcohol reading of .205.

The FWC on rehearing a yard hand's dismissal application has observed his employer's lack of HR expertise did not wash as an excuse for the "disgraceful and grossly unfair" sacking, but slashed compensation due to his vulgar language and propensity to snap when frustrated.

The Turnbull Government has intervened to take a test case on a public servant's private use of Twitter direct to the High Court.

In a case in which classroom allergy management has intersected with IR laws, the FWC has reinstated an infants teacher summarily dismissed for allegedly breaching her duty of care when she gave an "unsafe" chocolate to a pupil, after checking its ingredients.

In a significant decision on out-of-hours conduct, the FWC has ruled that ALDI justifiably dismissed a storeperson for throwing a full beer glass over the heads of colleagues at an official company Christmas party.