Two related companies have been fined $24,000 for twice refusing a union official entry to a worksite to investigate suspected OHS breaches, despite blocking his access on the advice of an Australian Industry Group solicitor.
The Fair Work Commission has reiterated the need for employers to obtain proper medical evidence when determining a worker's capacity, and pointed to principles summarised in a full bench decision, in upholding an unfair dismissal claim from a worker with multiple sclerosis.
A Fair Work Commission full bench has overturned an earlier ruling that a worker was unfairly dismissed for drinking 10 full-strength beers to cope with anxiety the night before a shift.
A worker who was sacked for spraying a co-worker with hazardous paint despite claiming it was an accident, was recklessly indifferent to the safety of his colleagues whether the act was intentional or not, a commission has found.
The Fair Work Commission has issued stop-bullying orders for an employer to review its disciplinary procedures, and for a bullied worker to comply with reasonable directions, to "reset the employment relationship" between the parties.
A Fair Work Commission full bench has found that an employer's offer to re-employ a worker sacked for safety breaches in a "non-safety critical role" would have an unfair and unfavourable impact on him.
An employer has been ordered to pay $8000 in compensation to a worker it unfairly sacked for refusing to submit to a blood test for drugs, following a series of anonymous tip-offs.
A worker sacked for taking photographs of safety breaches was unfairly denied the opportunity to make submissions, to the Fair Work Commission, on a psychologist's report purportedly explaining his conduct, an FWC full bench has found. Meanwhile, the full bench has rejected an appeal from a worker who sent a divisive email to 170 people.
A union has successfully opposed an aviation employer's proposed enterprise agreement, and applied to the Fair Work Commission to terminate its current EA, claiming it provides for unlawful split shifts that increase fatigue and injury rates.
