An employer had no basis for summarily dismissing a real estate employee who tested positive for COVID-19 five days after ignoring directions to wear a mask when inspecting the property of an aged care worker, the FWC has found.
The FWC has speculated that a government business enterprise reviewing a stood-down employee's performance deliberately dragged its feet in the hope he would resign.
The FWC has ordered an ASX-listed company to compensate a casual sacked for falsifying timesheets and failing to take proper breaks, finding his request to convert to permanency prompted the audit that uncovered his breaches.
The FWC in upholding the sacking of a worker who ran late every day for nearly four years and kept failing to use its bundy system has also identified her fake vaccination certificate and recommended referring her alleged offence to authorities.
A FWC presidential member has issued a 10-point rebuttal of COVID-19-related arguments put by a sacked unvaccinated worker, to help her to consider whether to proceed with positions likely to be "irrelevant" in her unfair dismissal claim and that have been "emphatically rejected in numerous cases" before the tribunal and courts.
A mining equipment manufacturer that admitted to wrongly sacking a warehouse worker for failing to comply with a government COVID-19 vaccine mandate that did not apply to her must pay more than $33,000 compensation, after the FWC slashed her payout by half.
The FWC has reinstated a senior Virgin flight attendant accused of tardiness, stealing snacks, sleeping and watching a movie while on duty, finding pandemic-driven loads on HR delayed the airline's investigation and contributed to procedural fairness deficiencies.
In a decision that shines a light on road service provider NRMA's business model, the FWC has found a contractor mechanic's failure to meet KPIs – when he spent too much time with customers and failed to sell enough batteries – did not provide a fair basis for sacking him.