In a rare "assumed disability" discrimination case that has exposed legislative shortcomings, a tribunal has awarded $20,000 to a public servant forced to take sick leave over concerns about her enthusiasm for conspiracy theories.
The FWC has upheld Toyota's sacking of a supervisor for improperly exercising his power, finding his "benevolent sexism" and inappropriate behaviour towards a group of young, female fixed-term contractors created a weird, dirty and unhealthy environment.
A tribunal has thrown out a union official's claim he was discriminated against on the basis of his psychological condition and industrial activity, instead finding that his dismissal after five months off work followed an "impossible" demand for assurances he wouldn't be sacked for outstanding disciplinary matters.
The FWC has refused to grant engineering employers more time to comply with production orders in the IEU's equal pay claim on behalf of early childhood teachers, finding neither provided a "proper basis" despite one having a director off work due to complications arising from cancer surgery.
The FWC has upheld the sacking of a long-serving handyman for serious misconduct that included continually touching a young receptionist, finding it was "understandable" given their age difference that she did not feel able to tell him to stop.
In the wake of the public spotlight on the Qantas "inclusive language" guidelines, one of its baggage handlers has failed to convince the FWC that tearing a colleague's shirt, shoving him against a locker and telling him to f-ck off back to his country were not sackable offences but rather a bit of "argy bargy" between friends, consistent with the workplace culture.
An FWC full bench led by President Iain Ross has sent a powerful signal to members to back their own judgement in inherent requirements cases where there is conflicting medical evidence, describing a previous full bench decision ceding the final say to employers as "plainly wrong".
In an important ruling on out-of-hours conduct, the FWC has found that an employer didn't need to receive a complaint before investigating then sacking a worker for sharing a p--nographic video via social media with friends who included 19 male and female work colleagues.