A Federal Court judge, after identifying conflicting case law on how to assess employers' motives, has concluded that the ATO did not sack an auditor for complaining about "defamatory" claims that he told colleagues during office drinks that he would "f--k" his manager to get a promotion.
The FWC has tossed out an unfair dismissal claim from a government lawyer responsible for overseeing safe workplaces, finding he fully understood the seriousness of "wilfully and persistently" refusing to confirm his COVID-19 vaccination status.
A Sydney Trains employee has won his job back after he was initially convicted of assaulting a Year 8 student by hugging and kissing her on a platform, the FWC first seeking feedback on whether to move him to another station or role.
Australia's largest tertiary education sector employer has commended the regulatory inclusion of s-xual harassment among instances of serious misconduct as having produced a "nuanced" shift wherein the emphasis is no longer on why perpetrators should be dismissed, but rather on why they "should not" be sacked.
A foreign exchange dealer sacked after unwittingly becoming entangled in a $23,000 fraud will have his unfair dismissal case reheard after a FWC bench agreed a tribunal member found him in "serious breach" of a company policy that did not exist.
A Victorian Police fingerprint expert has been reinstated after the FWC found her dismissal for "deceitfully" calling her detective husband's ex-lover during work hours both disproportionate and harsh in terms of its financial impact.
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.
A court has rebuffed a safety manager's attempt to unearth physical evidence that Watpac sacked him as a result of union pressure rather than for allegedly instigating anonymous threats to a CFMMEU delegate and his partner.
A tribunal has thrown out a supermarket worker's discrimination case against the SDA, finding it an abuse of process and a relitigation of a matter that first surfaced in 2017.