Past inconsistencies in disciplining workers for safety breaches can still undermine the validity of dismissals after employers tighten their enforcement of rules, a commission has highlighted in a case involving a worker sacked for leaving a designated pedestrian walkway.
A worker who suffered a life-threatening disease that triggered mental health issues was harshly dismissed for his unsatisfactory performance under three improvement plans, an industrial commission has found.
In a decision highlighting the importance of consistent zero tolerance drug and alcohol policies and disciplinary processes, a major employer has been ordered to reinstate a worker who tested positive for cannabis.
A worker sacked for falling asleep on a high-risk job has unsuccessfully argued that his cough medicine made him drowsy and his dismissal was unfair. Meanwhile, the CSIRO has been fined $7,500 for taking adverse action against an injured worker through the actions of a senior HSE manager.
A worker's dismissal for failing a random alcohol test was unfair because his employer's policies allowed for less severe disciplinary actions, even in cases of serious safety-related misconduct, a commission has found.
A worker sacked after a third-party psychological assessment found him unsuitable for his role has been granted access to his testing data and psychologists' notes, in the second of two similar cases in a matter of months.
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.