The Fair Work Commission has upheld the sacking of a worker who punched a supervisor in the face at a Christmas party, after rejecting his argument that he was unaware the event was a work function and hence his conduct was not connected to his employment.
The effect of a worker's disability on their work capacity doesn't always constitute part of the disability, a full Federal Court has found, in quashing a finding that an employer that dismissed a worker on stress leave discriminated against him because of his mental disability.
Laboratory tests of workers' hair for drugs can't differentiate active drug use from environmental contamination, and should only be used as "complementary information", according to expert evidence highlighted in an important unfair dismissal case.
A commission has upheld the dismissal of a worker sacked for failing to report a microsleep incident and preserve the scene, who argued he was not required to do so because he didn't believe any injury or damage occurred.
Two workers who bullied new employees made it "very difficult" for them to gain experience and posed a risk to their safety and welfare, but their employer should not have sought to force the bullies to resign by ignoring their text messages, a commission has found.
A worker breached his employer's bullying and harassment policy by creating and sharing a Hitler video parodying the company's protracted negotiations, a commission has found. Meanwhile, a court has blocked a morbidly obese worker from making a further 15 claims against an employer, and found he "needlessly" compared its conduct with Nazi guards.
The High Court has quashed a ruling that a public servant who was sacked for using Twitter to criticise her employer was the victim of unreasonable administrative action and entitled to workers' compensation for post-traumatic stress disorder.
A safety advisor undermined the benefits workers gain from undertaking journey risk assessments, including consciously considering and reflecting on identified hazards, by completing the forms for them, a commission has found in rejecting his unfair dismissal claim.