A worker sacked for misusing pain medication has been given another chance to overturn his dismissal, after arguing it was wrong to presume his employer did not need to take a rehabilitative approach to his case in the absence of an admission of guilt by him.
A worker's act of using a mobile phone in a stationary vehicle was a "bad look" and contravened road rules, but didn't constitute a major safety breach, a commission has ruled. Meanwhile, a safety regulator has urged employers to review their phone usage policies, after two vehicles collided.
The adjustments an employer made for a worker recently diagnosed with diabetes have helped defeat his claim that he was unfairly dismissed and discriminated against because his performance suffered from the health condition.
A manager who resigned after being accused of breaching mobile plant safety rules was not forced to quit, a commission has found, stressing that initiating the show cause process was the legitimate action of an employer complying with its WHS obligations.
A company director told an employee he was considering sacking an injured staff member and "taking my chances" just two weeks before he dismissed a worker seeking common law damages, the Fair Work Commission has found in awarding the worker lost wages.
Past inconsistencies in disciplining workers for safety breaches can still undermine the validity of dismissals after employers tighten their enforcement of rules, a commission has highlighted in a case involving a worker sacked for leaving a designated pedestrian walkway.
A worker who suffered a life-threatening disease that triggered mental health issues was harshly dismissed for his unsatisfactory performance under three improvement plans, an industrial commission has found.
In a decision highlighting the importance of consistent zero tolerance drug and alcohol policies and disciplinary processes, a major employer has been ordered to reinstate a worker who tested positive for cannabis.