Browsing: Termination | Page 6

An injured worker who was assessed as being at "high risk" of relapsing into alcohol misuse has won a reinstatement order, with a commission finding her 18-month abstinence suggested she was fit for employment.

An injured worker who continually dodged her return-to-work appointments was validly dismissed for "obfuscation", but her employer's overall handling of her termination made it unfair, a commission has ruled.

A worker who was sacked for engaging in a verbal altercation with railway personnel on his way to work has been reinstated, with a commission finding his actions didn't warrant his dismissal and he didn't pose a safety risk to his colleagues, despite his history of "aggressive outbursts".

A worker who claimed she was fired for exercising her workplace rights, under health and safety laws, has had her adverse action claim denied, with a court finding she was terminated for performance and disciplinary issues.

A worker who has not been able to work since a stress-related incident has lost his bid for reinstatement, unsuccessfully arguing his dismissal was unfair because it occurred at a time when there were conflicting medical opinions on his capacity.

An employer was entitled to cease income support payments to an injured worker, a tribunal has ruled, finding she breached her "obligation of mutuality" by engaging in serious misconduct, which included disclosing a director's alleged gambling problem to a subcontractor.

A major employer's attempts to implement a government-imposed COVID-19 vaccine mandate were "draconian" and unreasonably psychologically injured a worker, an appeals commission has confirmed.

• "Swearing" constituted unsafe workplace harassment; and
  
• Workplace safety fraudsters face big fines under rail amendments.

The Fair Work Commission has upheld the dismissal of a financial adviser who refused to take a drug and alcohol test after turning up to work showing signs of intoxication.

A Federal judge has found that selecting a worker for redundancy after he raised multiple workplace concerns, including safety issues surrounding unlicensed work, constituted unlawful adverse action. The judge found the man's employer deliberately marked his performance down to justify his termination.