A retail chain could have avoided unfairly sacking a strongly performing store manager for refusing a substantial pay cut if it had utilised its in-house HR expertise, the Fair Work Commission has found.
An ATO manager's conviction for indecency against a minor constituted a breach of the APS code of conduct that justified his dismissal, the Fair Work Commission has ruled.
A FWC full bench has ruled that in assessing whether reinstatement is appropriate in an unfair dismissal case, the tribunal should not take into account any ill-will arising from continuing legal proceedings between an employee and an employer.
Two council workers who were sacked after visiting the same TAB during working hours have met markedly different fates, with one winning his job back and the other losing his unfair dismissal case.
The High Court will decide next Thursday whether BHP Coal took adverse action against a mineworker when it sacked him for holding up an anti-"scab" sign at a picket in Queensland's Bowen Basin in 2012.
An unfairly dismissed Catholic school teacher who successfully argued before a Fair Work Commission full bench that a tribunal member failed to give sufficient consideration to reinstatement options has again missed out on getting her job back.
A corrections officer who failed to properly engage with her employer's attempts to assess her fitness to return to work was not unfairly dismissed, the Fair Work Commission has ruled.
Global smelting company Nyrstar had a valid reason to sack two workers for a history of bullying behaviour, but its failure to deal with the conduct over a long period and to put specific allegations to them meant the dismissals were unfair, the FWC has ruled.
Employees are not entitled to bring a support person to a meeting to investigate a workplace incident that might result in dismissal, a FWC full bench has ruled in overturning the reinstatement of a long-serving forklift driver.
In two separate decisions, the Fair Work Commission has ruled that it has the power to arbitrate on the use of mobile phones at BHP Coal's Bowen Basin mines and that a tram driver was unfairly sacked after being accused of using his phone while on the road.
