The NSW IRC has found that even if it had found an employee was unfairly dismissed, his Facebook posts calling his employer a "bastard" and "criminal", after the dismissal, would have ruled out reinstatement.
The FWC has ordered an employer to pay more than $25,000 compensation to a truck driver it sacked for serious misconduct, based on "flimsy" CCTV evidence.
The FWC has refused to reinstate a dismissed teacher, because her school lost trust and confidence in her after she posted disparaging comments on Facebook about an unresolved industrial dispute.
The FWC has upheld the dismissal of an employee who harangued a colleague before pushing him fully clothed into a swimming pool during the company's Christmas party.
The FWC has rejected a multinational's application for security for costs, but has granted legal representation because of an intervention order that precludes interaction between the employee and the employer's most senior manager in Australia
Prior employee misconduct that did not result in dismissal but demonstrates a "pattern of unacceptable behaviour" must be considered when determining unfair dismissal cases, a Fair Work Commission full bench has ruled.
An FWC full bench has quashed a finding that BHP Coal unfairly dismissed an employee due to shortcomings in procedural fairness, after finding it reasonable for the company to have "leanings or inclinations" on sanctions to apply when its investigation indicated the worker had engaged in serious misconduct.
The ATO's sacking of a debt collection manager with almost 30-years' service has been upheld by the FWC after it found her failure to lodge personal tax returns over four consecutive years amounted to serious misconduct that warranted dismissal.
An employer had a valid reason to sack a long-serving courier who had "no choice" but to defecate in a client's carpark while on the job, but his dismissal without notice was unfair, the Fair Work Commission has found.
The FWC has found even the "most basic" of HR advice would have avoided the "error laden and unfair" dismissal of a 457 visa holder employed under an exploitative arrangement in which she worked as a motel senior manager on the proviso that her partner toiled for free.
