A commissioner did not make a mistake when he ordered an employer to reinstate a worker, who had undergone spinal surgery, without explicitly finding he was capable of safely carrying out his role, a full bench has found.
A sacked worker has unsuccessfully argued his sarcastic comments about a co-worker being "m-lested" didn't constitute workplace s-xual harassment, but won his unfair dismissal case.
A major employer's failure to consult workers on a controversial WHS mandate created a "paradigm of opposition" in the workforce and led to a large number of workers being unfairly dismissed, a commission has ruled in a 529-paragraph judgment.
A major organisation partly run by BHP has been fined $120,000 for undermining safety protections, and ordered to pay compensation to labour-hire personnel who were targeted after exercising their workplace rights over a dimly lit area and lightning storms.
Sydney Trains has been: ordered to reinstate a worker dismissed for testing positive to cocaine metabolites after returning from leave; and censured for failing to learn from previous criticisms of its approach to enforcing its drug and alcohol policy.
A worker was unfairly sacked, for damaging a client's Mercedes, by a decision maker who wrongly took her suggestion that certain WHS measures could have prevented the incident as an attempt to shift the blame, a commission has found.
An employer drove a pregnant worker to resign with its persistent and unreasonable insistence that she had to attend an independent medical examination (IME) before it could provide her with a "safe job", a commission has found, paving the way for her to seek an unfair dismissal remedy.
A court has rejected a worker's claim that her employer unlawfully threatened to lodge a workers' compensation claim, against her will, after she raised safety concerns affecting her mental health.
A worker's act of sharing offensive material with a group of colleagues on social media involved "abject stupidity", but his conduct was not sufficiently connected to his employment to warrant his dismissal, a Fair Work Commission full bench has found.