The summary dismissal of a worker who tested positive for drugs lacked procedural fairness, but this was outweighed by the employer's need to ensure a safe workplace, the Fair Work Commission has ruled.
A union has reminded Fair Work Building and Construction that construction "is a bloody dangerous industry", after the regulator filed Federal Court proceedings against 52 workers for walking off the job after a health and safety rep was sacked.
A worker who claims he was bullied and sacked for reporting WHS concerns to the Independent Commission Against Corruption (ICAC) has been denied an unfair dismissal remedy.
An employer has been ordered to reinstate a sacked worker, after the Fair Work Commission found it relied too heavily on one doctor's assessment of the man's capacity to return to work after a serious skydiving accident.
A Fair Work Commission full bench has, in quashing an earlier decision, found an employer was entitled to consider a worker's poor safety record when it sacked him for failing a blood alcohol test.
A worker was reasonably sacked for pushing a co-worker into a pool and fist-fighting his general manager while intoxicated at a work Christmas function, the Fair Work Commission has ruled.
A worker who was retrenched, shortly after returning to work after a back injury, suffered stress and sadness from losing his job, but not a compensable psych injury, a commissioner has found.
A Qantas worker who breached safety rules three times in three weeks was not unfairly dismissed, the Fair Work Commission has found, accepting the employer's claim that, far from making his dismissal harsh, the worker's years of experience made his breaches more serious.
An employer breached equal opportunity laws in focusing solely on a worker's pre-injury duties when it decided to dismiss her for safety reasons, a tribunal has found.