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SACKED AFTER REFUSING DRUG TEST
An employer with a “zero tolerance” drug/alcohol policy dismissed an employee who refused to provide a urine sample on medical grounds.
Absence due to illness or injury – can you dismiss?
If an employee is absent from work due to a long-term illness or injury, can you dismiss them?
Employer Had "Valid Reason" For Dismissal But Gave A Different One: Still Ok To Dismiss
An employer still had a valid reason to dismiss an employee even though it wasn’t the reason it gave at the time.
Breach Of Consultation Requirements – Not A Genuine Redundancy
When a restructure made a financial analyst’s role redundant, he claimed his dismissal was not a genuine redundancy. Read why the Fair Work Commission found his dismissal was unfair.
Worker loses request to work from home permanently
A bank employee who requested to work from home permanently for fear of contracting COVID has lost her request to permanently work from home, with the Fair Work Commission finding her application "simply unreasonable".
Unwelcome conduct of a sexual nature: appeal dismissed
Do you think it’s a defence against liability for sexual harassment to say ‘We didn’t mean it that way’? Read about an employer who disregarded how a worker might feel about having her photo used.
Dismissal Was Fair, After Accident Triggered Psych Issues
A year after a multi-vehicle crash brought on a worker’s mental health issues and rendered her unable to do her job, she was sacked, and complained of unfair dismissal. Read why the FWC found it neither harsh nor unfair.
Dismissal unfair because alcohol and fatigue rules weren’t clear, or consistently applied
An airline employee’s dismissal was ruled unfair by the Fair Work Commission after it was found that the airline’s alcohol and fatigue policies were unclear, inconsistently applied, and difficult to access. The employee, who had taken steps to ensure he was fit for work, was reinstated.
Why good workers aren't always great managers
Many employees are promoted to management roles because they perform well in their current roles. But that doesn't mean they'll be good managers.
Employer and labour-hire firm fined for ageism
The Federal Court has fined a labour supplier and a contractor after ruling they took adverse action against a 70-year old grader operator by refusing to employ him because of his age. The labour-hire firm was fined more than twice as much as the employer. Read how the court reached its decision.