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Butt out, smoking ban is reasonable, says FWC

A ban on smoking in the workplace has survived a union challenge after the Fair Work Commission found the policy reasonable because the employer had taken steps to consult with employees and offered support to help them quit.


Unfair dismissal round-up: Compensation for worker sacked for remark made in jest; & more

Unfair to sack supervisor for remark made in jest; FWC grants legal representation for case to be heard on "less emotive" basis; Employer's appeal against domestic violence sacking rejected by full bench; High-earning BHPB "number two" not protected from unfair dismissal; HR business partner's $138,000 salary exceeds high income threshold; Tribunal rejects sacked worker's bid for reimbursement of counselling costs; Ranger dismissed because contract ran out, not whistleblowing; and FWC "draws the line" on "meandering" unfair dismissal claim.


HR manager fined for role in employer's notice breach

A HR manager has been fined more than $1,000 by the Federal Circuit Court for the part she played in her employer's provision of insufficient notice when dismissing an injured employee.


FWC upholds sacking of worker after 20-beer binge

A welder's claims that he was "fine" after bingeing on 20 cans of full-strength beer over 12 hours on Australia Day before facing a random breath test at work has failed to impress FWC member Danny Cloghan, who says it "would be greeted with that very Australian saying relating to animal manure".

Court restrains doctor from operating in agreed geographic exclusion zone

A medical practice has won an interlocutory injunction to stop one of its doctors working at his newly-established rival practice, after a court accepted it had a strong argument that he breached provisions in a restraint clause barring him from operating within a 10-kilometre exclusion zone.

Injured Qantas baggage handler's sacking harsh, says FWC

Despite being lawfully sacked for his inability to return to pre-injury duties, a Qantas baggage handler will be compensated after the FWC found steps leading to the decision were inadequate, confusing and lacked procedural fairness.

Pre-trial deficiencies "commonplace" in adverse action claims: Judge

The Federal Court has rejected a major external service provider's bid for costs stemming from a failed adverse action and breach of contract claim, in a ruling that canvasses the "commonplace" difficulties parties can face when preparing for trial.