In an undecided case highlighting the risk of conflict between company functions, a workers' comp manager has claimed her employer took adverse action against her for making complaints about its national health and safety manager.
Employers are increasingly scrutinising workers' out-of-hours conduct, but must ensure any resulting disciplinary measures aren't excessive, a commissioner has stressed in ordering the reinstatement of a worker who got drunk and vomited at a client's function.
A Qantas worker has, for the second time, failed to overturn his dismissal for "unintentionally" downing 14 standard drinks at a bar and collapsing before a shift, with a Fair Work Commission full bench finding intention is not a necessary element of misconduct warranting dismissal.
The Fair Work Commission has upheld the dismissals of a worker who sent a "Snapchat" of his p-nis to a colleague, and another who smoked outside a designated area. It has also ordered an employer to pay nearly $70,000 to a worker who was dismissed for a single line of abuse to a contractor.
The Fair Work Commission has expressed concern over a supermarket giant's oversight of inappropriate conduct in its stores, in an unfair dismissal case involving a worker who s-xually harassed a number of young co-workers.