A tribunal has reinstated a long-serving emergency services worker sacked for using "pain stimuli" on recruits during training, after it found his largely unblemished work history outweighed his misconduct.
The Morrison Government's IR review will consider whether to give the FWC the power to penalise sacked workers if they make unfair dismissal claims that they then fail to genuinely pursue.
The FWC has upheld the sacking of a car salesperson accused of forging a customer's signature to secure finance on a vehicle, finding the alleged misconduct of "sufficient gravity" to outweigh an imperfect dismissal process.
The FWC has extended time for a dismissal claim by 41 days due to errors by an IR representative, accusing him of "feckless and egregious" conduct in filing a client's witness statement without showing it to him first.
While expressing sympathy for a receptionist forced to assume responsibility for her 11-year-old sister after their mother's death, the FWC has rejected her claim she was constructively dismissed when her employer refused to modify her hours and guarantee leave for school holidays.
In what stands as a best-practice model for inherent requirements dismissals, the FWC has endorsed an HR department's handling of a complex case involving an injured storeperson unable to lift more than five kilograms.
The Victorian Department of Parliamentary Services' failure to utilise its HR expertise has contributed to a finding that it unfairly sacked a senior electoral officer on the basis that he lost the trust and confidence of the Labor candidate he served.
A bus driver who in breach of a strict no-phone policy took "goodnight" calls from his children while preparing to leave the depot was not forced to resign, the FWC has found.
A tribunal member has in rejecting a late unfair dismissal application cast doubt on the merits of a medical certificate asserting the worker was suffering from depression caused by workplace bullying, questioning whether the doctor was qualified to make such an assessment.
In a decision clarifying the interplay between model terms and agreement clauses, a shipping company facing multiple challenges to alleged redundancies has failed to convince an FWC full bench that a model clause cancels out consultation requirements in its agreement.
