A worker sacked for falling asleep on a high-risk job has unsuccessfully argued that his cough medicine made him drowsy and his dismissal was unfair. Meanwhile, the CSIRO has been fined $7,500 for taking adverse action against an injured worker through the actions of a senior HSE manager.
A worker's dismissal for failing a random alcohol test was unfair because his employer's policies allowed for less severe disciplinary actions, even in cases of serious safety-related misconduct, a commission has found.
A worker sacked after a third-party psychological assessment found him unsuitable for his role has been granted access to his testing data and psychologists' notes, in the second of two similar cases in a matter of months.
The Fair Work Commission has upheld the sacking of a worker who punched a supervisor in the face at a Christmas party, after rejecting his argument that he was unaware the event was a work function and hence his conduct was not connected to his employment.
The effect of a worker's disability on their work capacity doesn't always constitute part of the disability, a full Federal Court has found, in quashing a finding that an employer that dismissed a worker on stress leave discriminated against him because of his mental disability.
Laboratory tests of workers' hair for drugs can't differentiate active drug use from environmental contamination, and should only be used as "complementary information", according to expert evidence highlighted in an important unfair dismissal case.
A commission has upheld the dismissal of a worker sacked for failing to report a microsleep incident and preserve the scene, who argued he was not required to do so because he didn't believe any injury or damage occurred.
Two workers who bullied new employees made it "very difficult" for them to gain experience and posed a risk to their safety and welfare, but their employer should not have sought to force the bullies to resign by ignoring their text messages, a commission has found.