A senior FWC member has upheld the sacking of an underground mineworker who tested positive for THC and continued to have elevated levels of the drug in his system 22 days later, finding it the "only course of action open" to the employer.
A contested payslip and an unsigned employment contract obtained in "unusual" circumstances have persuaded the FWC that an ambassador's driver was unfairly dismissed after he informed the embassy he couldn't work for more than two hours at a time because of a sore back.
A home-based sales representative has been compensated after the FWC found that he was sacked within a day of receiving a "manifestly unreasonable" ultimatum to pack up his life in Byron Bay and return to work in his employer's Sydney office.
The FWC has upheld the sacking of a group training company's trainer for falsifying his timesheets, but has upbraided the employer for failing to give the worker enough time to study the complex allegations against him.
A Rio Tinto employee has been reinstated after the FWC highlighted starkly different recommendations in investigations conducted by its HR and safety experts.
An operations director who claimed a biotech giant offered her a job "until retirement" has failed to establish that it engaged in misleading and deceptive conduct or that it took adverse action by retrenching her the following year.
The FWC has found a Coles Supermarkets baker who texted explicit images to a manager who responded "great d--k pic" did not sexually harass him as he appeared to initially take them as "a joke", but the tribunal has upheld his dismissal as his behaviour breached the retailer's code of conduct.
The FWC has reinstated a CFMEU lodge president dismissed for a series of threatening phone calls to workmates after questioning why recommendations and mitigating factors raised during a senior HR advisor's investigations were absent from the employer's final report.
An FWC member denied a sacked worker an opportunity to re-open his case when she failed to forward to him a crucial psychologist's report her chambers received hours after the hearing concluded, a full bench has found.
A law firm chief executive's "abrasive" email to 80 lawyers warning that "the lion will soon be catching up with any sick zebras" has come back to bite him, the FWC finding that he unfairly dismissed a senior associate given two weeks' notice for allegedly threatening legal action.
