An FWC full bench has overturned a "counter-intuitive" decision to compensate a worker dismissed for his blatant disregard of his employer's drug and alcohol and OHS policies.
The NSW IRC has found that even if it had found an employee was unfairly dismissed, his Facebook posts calling his employer a "bastard" and "criminal", after the dismissal, would have ruled out reinstatement.
An FWC full bench has today overruled a decision that an employer breached good faith bargaining obligations when it insisted on conducting enterprise agreement negotiations by teleconference rather than face-to-face meetings.
A general manager sacked for going" behind the back" of his employer to allegedly block the sale of the business has failed in his adverse action claim but has won than $30,000 in damages after a court ruled his misconduct did not warrant summary dismissal.
An electrical contracting company on the Ichthys LNG project failed to comply with its agreement when it gave its FIFO employees notice of retrenchment immediately before a rest and recreation period, the FWC has ruled, in a decision with implications for employers of non-residential workforces.
A Fair Work Commission full bench has ruled that representative error does not provide an "inviolable reason" for granting an extension of time for an unfair dismissal claim due to exceptional circumstances.
The Fair Work Commission, in a decision published today, says it suspended the MUA's protected industrial action at Patrick container terminals to allow further private negotiations to be assisted by presidential member Anna Booth.
Making a project manager redundant after granting his request to be transferred to a less secure position did not constitute adverse action as the new role was better for his mental health and the employer's decision was based on his competence, qualifications, tenure and a business downturn, a court has found.
The FWC has upheld the dismissal of an employee who harangued a colleague before pushing him fully clothed into a swimming pool during the company's Christmas party.
Prior employee misconduct that did not result in dismissal but demonstrates a "pattern of unacceptable behaviour" must be considered when determining unfair dismissal cases, a Fair Work Commission full bench has ruled.