Browsing: Termination


Insistence on less "invasive" drug test fails in FWC

A white-collar worker has unsuccessfully challenged her dismissal for refusing to provide a urine sample for a drug and alcohol test for "personal medical reasons", with a commission stressing that office-based staff aren't "immune" from drug-related injury risks.


Worker reinstated after fighting mask-less member of public

A commission has rejected an employer's claims that reinstating a worker to his safety critical role, after it unfairly dismissed him for engaging in an altercation with a member of the public not wearing a face mask, was inappropriate because of the negative impact this could have on his mental health.


Dismissal of scissor-wielding worker upheld despite "fight or flight" defence

A commission has rejected a "frightened elderly" worker's claim she was unfairly dismissed after pointing a pair of industrial scissors at a co-worker. She claimed she was provoked and reacted instinctively with a "fight or flight" response.


Phone safety policy valid, but sacking unfair

A commission has overturned a worker's dismissal, and awarded him 21 weeks' wages, after finding his employer unfairly sacked him for his first safety breach in its efforts to draw "a line in the sand" with its new mobile phone use policy.


$5.2m workplace bullying payout quashed

A full Federal Court has quashed a $5.2 million award to a senior manager who was sacked after making bullying complaints. The Court ordered a retrial to consider his employer's stated reasons for terminating his employment, including that he created a culture of fear in his team.


Employer not required to cover injured worker indefinitely

A commission has rejected an incapacitated worker's claim that his well-resourced employer should have covered his long-term absence with temporary staff while he recovered from his injuries, instead of dismissing him.


Dismissed HSR abused important WHS position

A commission full bench has upheld a finding that a health and safety representative was not entitled, under WHS laws, to be paid for attending the disciplinary meetings of a colleague, and his illegitimate attempt to claim this payment was an "abuse" of a "vitally important role".


Out-of-hours offence not a sackable safety breach

In an important ruling on out-of-hours conduct, the Fair Work Commission has ordered the reinstatement of a safety-critical worker who was sacked after he was caught drink driving with a blood alcohol concentration four times over the legal limit.

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