A NSW employer should have considered fining, demoting or counselling a worker instead of sacking him after he squeezed five women's breasts at a work Christmas function, the IRC has ruled.
Breaching an employer's zero-tolerance drug and alcohol policy isn't always grounds for dismissal, according to the Fair Work Commission, which has found a worker who smoked marijuana the night before a ferry incident was unfairly sacked.
An employer unfairly replaced a worker on sick leave with a permanent employee after she didn't answer its phone calls, the Fair Work Commission has found.
A worker who claims she was forced to resign from her employment because her workplace wasn't safe, after a manager allegedly elbowed her down a flight of stairs, has had her unfair dismissal claim rejected.
The Fair Work Commission has ordered a workplace bully to refrain from commenting on his victim's clothes or appearance, as well as imposing a condition on the victim, in its first substantive anti-bullying order.
Two train drivers - one with post-traumatic stress disorder (PTSD) and another who suffered a stroke - were fairly sacked after being off work for more than 18 months, the Fair Work Commission has ruled.
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The Fair Work Commission has described a union's defence of a worker who was sacked for a serious drug breach as "illogical", but stressed that dismissing workers shouldn't be the automatic response to failed workplace drug tests.
A psychologically injured worker who engaged in a "tug of war" with her supervisor during a "momentary lapse of judgement" should not have been sacked, the Fair Work Commission has ruled.