In this case, an employee dismissed for a significant breach of safety procedure has been successful in his unfair dismissal application. Facts The employee was engaged by the employer on one of the country’s largest natural gas operations. The employee was appointed to the role of Acting Permit Coordinator in 2012. He was subsequently terminated […]
An employee, believed to have been intoxicated at work, has been successful in her unfair dismissal application which was heard by the FWC earlier this year. The incident that led to the dismissal of the employee centred on Melbourne Cup day in 2014. The employee claimed that she had a 3 or 4 drinks in […]
The Fair Work Commission has dismissed an unfair dismissal application made by an employee involved in a physical altercation with another employee. The feature of this claim was that the Applicant proceeded to claim that he had been the victim of workplace bullying. In short, after a verbal exchange between the Applicant and another employee, […]
An employee and her partner both worked for the same company. They worked in the same office, but did not perform the same tasks or interact to perform their tasks. After returning to Australia from an overseas trip, the employee was subjected to domestic violence by her partner. He took her phone and she said […]
A bus mechanic who resigned from his employment with his employer has been found to have been unfairly dismissed by the Fair Work Commission. In his resignation letter, the employee cited an unacceptable working environment (bullying, harassment and intimidation) and dangerous behaviours (deliberate sabotage of buses) as the reasons for his resignation. The resignation was […]
The Fair Work Commission has dismissed an employee’s unfair dismissal application after she inadvertently sent a highly offensive email to a couple of her employer’s key clients. The account manager, who had some 16 years of unblemished service, had been preparing an email to a contractor (whom she also socialised with) about the client. The […]
A delivery driver who had his employment terminated for working for one of his employer’s customers whilst on annual leave has won his unfair dismissal case before the Fair Work Commission. The employee worked for a glass manufacturing business as a delivery truck driver. When the employee asked to take a period of annual leave, […]
The Fair Work Commission has awarded an employee $29,070 in compensation after it found that the employer had no evidence of the employee’s alleged serious misconduct before proceeding to dismiss the employee. The employee had worked for the employer for nearly three and a half years at the time of her dismissal. The employer commenced […]
The Full Bench of the Fair Work Commission has overturned a decision earlier this year to reinstate a ferry captain who was involved in an accident and was subsequently found to have consumed marijuana before commencing his shift. The employer had in place a zero tolerance drug and alcohol policy and had terminated his employment. […]
The NSW Industrial Relations Commission has ruled that a public servant who admitted to touching five of his colleagues breasts’ at a work Christmas function should be reinstated to his position. The evidence in the case included that the a public servant had consumed a considerable volume of alcohol before attending a workplace function and […]