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Valid to sack worker whose threats invoked serial killer Milat

A business that "outgrew" its informal HR processes got its fingers burnt when a young employee's welfare became endangered by its tolerance of the escalating misconduct of a worker who threatened to give him "the Ivan Milat treatment", the FWC has found.

"Impracticability" of sanitising a koala led to redundancy: FWC

The "obvious impracticability" of sanitising a koala helped to justify a pandemic-affected wildlife sanctuary's decision to make redundant a worker responsible for co-ordinating photographs of visitors holding its main attraction, the FWC has found.

Director counted-in as dismissal case waved through

The FWC has allowed a worker to proceed with her unfair dismissal case after it found that counting the employer's director and company secretary lifted numbers above the 15-employee threshold that excludes small businesses.

Senior tribunal member rejects ex-lawyer's "blatant bias" claim

A senior FWC member has declined to recuse himself from hearing an unfair dismissal case brought by a disbarred lawyer who accused him of "blatant bias" and having a "sweet little racket" bullying unrepresented workers.

FWC upholds sacking of traumatised whistleblower

The FWC has upheld Essential Energy's dismissal of a whistleblowing risk manager deemed unable to perform her job's inherent requirements after suffering PTSD and taking extended leave following a finding that she breached its code of conduct.


Tribunal orders A-G's to make FEG retrenchment payment

The AAT has overruled the Attorney-General's Department's refusal to make a FEG redundancy payment to a worker who claims she stayed on at the administrator's request to help with winding-down a failed company, but then had her retrenchment payout denied when employee numbers fell from 60 to below the eligibility threshold of 15.

Tribunal lauds employer's handling of safety-shy worker

The FWC has upheld the "scrupulously fair" sacking of a second-in-charge installation worker over multiple safety breaches, including some so fundamental he should not have needed training to prevent them.

FWC rebuffs coronavirus-hit employer's zero payout bid

The FWC has rejected a Tasmanian produce company's bid to avoid paying redundancy entitlements due to a "paucity" of evidence that it cannot pay and faces insolvency after a 100% coronavirus-related revenue hit.

Cup day dismissal not on the nose

Procedural flaws in a worker's summary dismissal on Melbourne Cup day did not outweigh the seriousness of having invited the theft of a company vehicle by leaving the keys in the ignition, the FWC has found.