An "unpleasant" worker who insulted colleagues and repeatedly swore was unfairly sacked for bullying, a Commission has found in criticising his employer's reliance on inconclusive CCTV footage during the disciplinary process.
An injured worker who made "unreasonable" return-to-work demands was unfairly sacked, but shouldn't be reinstated or paid compensation, the Fair Work Commission has found.
The Fair Work Commission has slammed an employer for sacking a worker following an HR manager's "fundamentally flawed" investigation into an alleged assault, but agreed that a workplace "code of silence" hindered the process.
An employer that denied a truck driver procedural fairness when it sacked him for repeatedly speeding was a large enough company to have developed proper policies for dismissing employees, the Fair Work Commission has found.
In contrast to two recent cases involving workers who were sacked for swearing, the Fair Work Commission has ruled that a worker who verbally abused a colleague following a forklift near-miss was unfairly dismissed.
Proposed laws for protecting NSW public servants, and others excluded from the Fair Work Act's anti-bullying provisions, should complement the Commonwealth legislation and be overseen by the State IRC, according to State Greens MP David Shoebridge.
Two workers who were sacked for failing to identify a seriously damaged hoist rope during pre-start checks of a tower crane have been awarded compensation, even though their conduct could have had "catastrophic safety implications".
An injured worker, whose medical assessment "changed dramatically" after she was warned that her job was under threat, was fairly dismissed for failing to engage in her employer's efforts to properly determine her fitness, the Fair Work Commission has ruled.