A forklift driver who broke his employer's "golden rules" by operating his vehicle while a customer was in an exclusion zone has failed to convince the FWC that his dismissal was unfair, after supporting evidence from a customer collapsed under cross-examination.
The summary dismissal of a worker who returned a positive drug result lacked procedural fairness but this was mitigated by the employer's need to ensure a safe workplace, the FWC has ruled.
The FWC has found a labour hire company responsible for unfairly dismissing a factory worker it withdrew from Nestle after the confectionery giant wrongly concluded she was guilty of a clocking-off violation and said she was no longer required.
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.
