A FWC member has expressed amazement that an employer "pinned" alleged timesheet fraud on an employee when in fact his former manager performed the work.
The FWC has upheld the sacking of a disability services manager for including false information on a form, leading to her employer improperly claiming fees and endangering its federal funding.
In returning a worker to her job and restoring most of her lost pay, finding the policy the worker breached "might make sense to copyright lawyers and some IT specialists, but probably no one else" the FWC has cautioned that "employer policy documents and manuals must be accessible, understandable and reasonable in their terms".
In considering the case of a worker sacked for failing to tell his employer about his licence suspension and then lying about it, a NSW IRC member has found that his length of service "'cuts both ways' – the longer an employee’s period of service, the more they can be expected to be aware of the conduct expected of them by their employer".
A Jetstar maintenance supervisor who referred to colleagues as "dumb c-nts" and tried to destroy the credibility of a complaining subordinate by revealing he was overtly flatulent and openly rubbed his p-nis at work has failed to establish that his sacking involved double standards or unfairness.
The FWC has ordered the reinstatement of a construction worker sacked on the basis of a clutch of "confected" claims that included alleged commuting challenges after losing his driver's licence and his purported concealment of firearms and pornography charges.
The FWC has ordered a Serco supervisor and corrections officers to front a hearing of an unfair dismissal claim of a prison canine handler who accuses the company of sacking him to cover up the allegedly cruel treatment of a dog that had to have its tail amputated.
A 63-year-old worker's summary "time theft" sacking has been upheld after the FWC ruled that his multinational employer's HR team lacked the firepower to argue its case against a union's experienced industrial advocate.
A manager's email to a client suggesting a listed company might be overcharging almost $70,000 a month constituted a valid dismissal reason, as did sending a confidential document to a former employee even though it was discovered post-sacking, the FWC has held.
A FWC full bench has dismissed an "unusual" unfair dismissal jurisdictional appeal, finding that a worker who took a pay cut due to his employer's financial struggles fell below the high income cap despite the company arguing that the Commission's compensation order proved his pay exceeded the threshold.