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Drink-driving unrelated to rail operator's job, FWC rules

In an important out-of-hours conduct ruling, the FWC has reinstated a veteran train driver sacked after he told his employer that he faced possible imprisonment for blowing four times over the blood alcohol limit when police breath-tested him on the road.

FWC rejects driver's breathalyser-fail explanation

The FWC has upheld a Qube subsidiary's sacking of a truck driver who blamed a positive blood alcohol reading on sucking on three-quarters of a 10-pack of Anticol cough lozenges to counter a dry throat.

Change award to curb "excessive litigation": Bench

An FWC full bench, in overturning a finding that the engineers, scientists and IT professionals award does not apply to an LNG consultant, has suggested reviewing its coverage provisions after "excessive litigation" to establish whether it covers unfair dismissal applicants.

Rider not an employee, says Deliveroo

Deliveroo maintains no "work-wages bargain" existed between it and a food delivery driver, in its foreshadowed appeal against last month's high-profile FWC ruling that he was an employee protected from unfair dismissal.


Post-sacking conduct didn't make separation valid: Bench

FWC Deputy President Gerard Boyce has again run afoul of a tribunal bench, which has reminded him that conduct months after a dismissal cannot be considered when deciding whether an employer has a valid reason.

Employer's appeal slashes big payout to former manager

A manager unfairly accused of being a "malingerer" has had his near-$900,000 unlawful sacking payout slashed on appeal, a judge finding the original ruling contained enough errors to reduce the figure but stopping short of ordering a retrial.

AAT fires another shot at FEG scheme "inequity"

A senior tribunal member has expressed exasperation over legislators' continued failure to address shortcomings in the Fair Entitlements Guarantee scheme after being forced to hand down an "unfair and unjust" decision denying two workers almost $70,000 in redundancy entitlements due to a liquidator's actions.


FWC rebuffs CBA bid for external legal representation

The FWC has refused to permit the Commonwealth Bank to bring in external lawyers to help it defend an unrepresented worker's unfair dismissal claim, despite the bank claiming its team of eight in-house employment solicitors are either unavailable or lacking recent experience.