A wine producer has been ordered to pay a 72-year-old former sales manager more than $15,000 in compensation after an FWC finding that an external "dispute resolution" consultant contributed to a flawed dismissal process.
In a decision that might convince employers to reconsider using client feedback as a basis for KPIs, the FWC has highlighted Audi's "astounding" absence of HR specialists in finding it unfairly dismissed a service advisor for failing to meet benchmark customer survey scores.
A gym must compensate a martial arts instructor for taking the "unnecessarily harsh" step of summarily sacking him, despite the FWC finding it within its rights to give him his marching orders for constantly using his phone while supervising classes.
In a decision noting that workers cannot hold employers to promises in a "changing world" in which they must move with the times, the FWC has held that a call centre had a valid reason to sack a contact officer who refused to learn new skills, but a "ruthless" process made it unfair.
The FWC has upheld the sacking of a BHP Coal mineworker who punched a supervisor in the face and asked a colleague if she had "fake t-ts" at a company Christmas party, but has reinstated another employee dismissed for serious misconduct at the same event.
The FWC has found Westpac subsidiary BT unfairly dismissed a business development manager by giving him "no effective or real option but to resign" when it failed to deal with his excessive working hours or investigate his complaints against a former mentee.
A company "motivated by malice" when it forged documents to cut the leave balance of a chief operating officer it perceived as "a thorn in its side" has been ordered to pay $250,000 in penalties and unpaid entitlements.