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Employer vicariously liable for race bias

A tribunal has warned employers that they must not only have anti-discrimination policies in place but must also ensure they are "communicated effectively", after finding an Aboriginal economic development company vicariously liable for race discrimination.


Facebook posts after sacking seal worker's fate

The NSW IRC has found that even if it had found an employee was unfairly dismissed, his Facebook posts calling his employer a "bastard" and "criminal", after the dismissal, would have ruled out reinstatement.

FWC "unlikes" dismissal of teacher over Facebook posts

The FWC has refused to reinstate a dismissed teacher, because her school lost trust and confidence in her after she posted disparaging comments on Facebook about an unresolved industrial dispute.

Age not the issue in YMCA refusal to appoint worker: Tribunal

A tribunal has backed a decision by YMCA NSW to not appoint a man in his fifties as a senior pool lifeguard after he referred, during his interview, to physically touching and wrestling troubled young men he was counselling.

Bench upholds sacking for racist comments

Prior employee misconduct that did not result in dismissal but demonstrates a "pattern of unacceptable behaviour" must be considered when determining unfair dismissal cases, a Fair Work Commission full bench has ruled.

Employers not expected to take neutral approach: Bench

An FWC full bench has quashed a finding that BHP Coal unfairly dismissed an employee due to shortcomings in procedural fairness, after finding it reasonable for the company to have "leanings or inclinations" on sanctions to apply when its investigation indicated the worker had engaged in serious misconduct.

FWC upholds ATO's sacking of manager who failed to lodge tax returns

The ATO's sacking of a debt collection manager with almost 30-years' service has been upheld by the FWC after it found her failure to lodge personal tax returns over four consecutive years amounted to serious misconduct that warranted dismissal.

Mentally-ill employee unfairly dismissed: FWC

An employee who threatened to "go postal" in the workplace was unfairly dismissed, because he was mentally unwell, the Fair Work Commission has ruled.

Bullying down in NSW public sector: Report

Bullying complaints by NSW public sector employees appear to be falling from an "unacceptably high" level, along with associated compensation claims, while the government is in the final stages of developing an anti-bullying "dashboard", according to a new report from the state's Public Service Commission.