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Tribunal scolds BHP for procedural fairness defects

The FWC has admonished a BHP subsidiary for taking a "haphazard" approach to its disciplinary guidelines, finding it had a valid reason to sack a mineworker for her "deviant" conduct when she put a s-x toy in a colleague's carry-on baggage, but procedural failings made it unfair.

Explanation for racially-motivated sacking "fabricated": FWC

The FWC has rejected the "post fabricated" inventions of a supermarket owner found to have sacked a casual shop assistant because he preferred workers from Asian-speaking backgrounds, ordering full compensation despite claims it would destroy his business.

"Vague" task list no basis for sacking over productivity: FWC

In a decision highlighting the perils of relying on nebulous performance measures to assess productivity, the FWC has ordered an IT company to compensate an employee dismissed after being assigned a "vague" To Do list.

Dismissal round-up: Spam excuse wins extension; & more

Time extended after application lands in spam folder; Woolies failed to clarify termination date; FWC upholds sacking for taking unauthorised leave; and Tribunal backs dismissal for threat to "kill" manager.


Senior FWC member resists bench's recusal advice

A senior FWC member has sought to contain the fall-out from a full bench decision recommending those conciliating a matter should automatically cease arbitrating it if a party objects, observing that simply sending an email citing the case does not guarantee success for such requests.


Tribunal rebuffs worker's plea to plug FEG 'empathy gap'

The AAT has rebuffed a claim of unfair treatment under the Fair Entitlements Guarantee from a worker who claimed she missed out on a redundancy payment because of her loyalty and empathy in staying-on with a failed company as its employee numbers dropped below the small business threshold.


Union to appeal dismissal over Hitler parody video

The AWU will argue that a senior FWC member failed to factor in the "true nature and effect" of a BP technician's Hitler parody video in its appeal against her decision upholding his sacking.