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No Drug Test After Forklift Crash, But Dope Smoker’s Dismissal Upheld

Was it fair to sack a forklift driver who’d smoked marijuana the night before an incident, though the employer had skipped the post-incident test required by company policy? Read why the FWC supported the employer’s decision.

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Employer denies dismissing unrostered worker: FWC disagrees

When a casual worker believed her employer had contravened the general protections by dismissing her after an absence from work, the employer objected. Read why the FWC supported the worker’s claim.

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Swearing complaint triggers $93k payout

An employee was sacked after complaining his manager called him a 'c*nt'. Was this adverse action?

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200+ abusive spam messages ended job

A general manager who bombarded a worker with abusive messages had effectively ended the employment relationship, the FWC has ruled.

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Sacked: supervisor sent 'spiteful' message

An employer is in hot water after a supervisor with no authority to do so texted an employee telling him his toolbox was on the road and 'see you in court if u want'. 

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'Trial' shift lands café in hot water

A tribunal has rejected an employer’s claim that it hadn’t hired an employee who completed a trial shift.

How to handle termination to avoid facing an unfair dismissal case

There are many recorded cases where employees have cried “unfair dismissal” and have been able to successfully escape accountability for misconduct because there have been deficiencies in the employer’s termination procedures.

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Employer can’t “revive” a resignation after parties have agreed to continue employment

The Fair Work Commission ruled that an employer could not unilaterally "accept" an employee's earlier resignation after both parties had agreed to continue the employment under new flexible arrangements.

Cafe sacks worker for phoning in sick

A cafe thought it was okay to sack a young worker because he phoned in sick with a chest infection. A court soon set it straight.