Two council workers who were sacked after visiting the same TAB during working hours have met markedly different fates, with one winning his job back and the other losing his unfair dismissal case.
A sacked St John Ambulance office manager who argued she breached workplace policies and procedures - including by hiring unaccredited trainers - in good faith and to meet an "urgent demand" for first aid training from the WA mining sector has failed in her common law damages claim.
An unfairly dismissed Catholic school teacher who successfully argued before a Fair Work Commission full bench that a tribunal member failed to give sufficient consideration to reinstatement options has again missed out on getting her job back.
Global smelting company Nyrstar had a valid reason to sack two workers for a history of bullying behaviour, but its failure to deal with the conduct over a long period and to put specific allegations to them meant the dismissals were unfair, the FWC has ruled.
In two separate decisions, the Fair Work Commission has ruled that it has the power to arbitrate on the use of mobile phones at BHP Coal's Bowen Basin mines and that a tram driver was unfairly sacked after being accused of using his phone while on the road.
A Toll employee who intimidated a drug and alcohol testing technician and maintained he was medically unfit to attend meetings with management about his behaviour was validly dismissed, the Fair Work Commission has found.
A major IT company had a valid reason to sack a project manager who wrongly claimed overnight expenses on 141 occasions over less than 12 months, but his dismissal was unfair given his long and otherwise unblemished service and the long delay in investigating the misconduct, the Fair Work Commission has ruled.
A leading barrister has looked ahead at issues - including damages in dismissal cases - likely to arise if the High Court confirms the existence of an implied term of mutual trust and confidence in Australian employment law.
A truck driver sacked for urinating outside the entrance to a Woolworths warehouse will receive around $14,000 in compensation after the Fair Work Commission ruled his employer's handling of the investigation into the incident rendered his dismissal unfair.
The Fair Work Commission has thrown out an unfair dismissal claim brought by a TNT Australia forklift driver who lied about working for a competitor while certified unfit for work and sending his employer a threatening letter, describing his evidence as a "farrago of lies".
