A tribunal member who reinstated a transit officer sacked for spraying a minor with capsicum spray should have given greater weight to his past conduct and the viability of re-establishing an employment relationship, a full bench has found.
The FWC has reinstated a worker after highlighting that her employer might have conducted unlawful covert video surveillance and that its HR department mishandled her dismissal.
An employer treated a long-serving worker like a "dirty rag" when it sacked her for an alleged incapacity to meet her job's inherent requirements, the FWC has found in what it describes as an "ignominiously memorable" case that provides a "strong foundation for argument against any lessening" of unfair dismissal protections.
A Coca-Cola employee who threatened to fight a colleague in the workplace carpark and made coarse gestures suggesting he was a company stooge has lost his unfair dismissal bid.
An employer has convinced a court that it did not take unlawful adverse action when its HR manager decided to dismiss an employee who had lodged a bullying and harassment complaint.
The FWC has found a vessel operator's decision to sack an experienced captain for breaching its zero-tolerance alcohol policy was harsh in the circumstances, arguing that it bore some responsibility for unresolved matters that affected his mental health and could have imposed less punitive penalties.
A tribunal has rejected a claim by a paramedic and union delegate that his employer victimised him when it investigated him for accepting police assurances that a patient was dead rather than follow standard procedures to check whether he was alive.
The ASU and TWU have won access to sensitive internal documents held by aviation ground handlers Aerocare, despite the company arguing that a large number of the unions' members worked for competitors who would benefit from any insight into the algorithms behind its rostering system.
The FWC has reinstated a nurse dismissed while recovering from a serious car accident and a work-related needle-stick injury, expressing "dismay" at the hospital's failure to inquire about her ability to return to her previous role.
The ABCC has amended its right of entry advice to employers after being accused by the CFMEU this week of publishing inaccurate material that could foment disputes.
