Browsing: Termination | Page 6

A full Federal Court has given a safety-critical worker - who was sacked for drink driving on his day off, and whose case was blocked by his alleged misconduct after he was charged - another opportunity to prove his dismissal was unfair.

A worker's numerous and exaggerated reports on his co-workers' conduct, including unfounded suggestions that some were impaired by drugs, alcohol or mental illness, created psychosocial safety risks and justified his dismissal, a commission has found.

An injured worker has unsuccessfully claimed his "threatened dismissal" would be unfair if he wasn't granted more time to obtain a fitness assessment. A commission heard he was not entitled to "infinite" chances to defend his employment, and found he had been afforded sufficient time to obtain the report.

A worker who was nearly hit by a B-double truck in a receiving yard, before being sacked for alleged misconduct, has been awarded an additional $140,000 in compensation, with a tribunal dismissing his former employer's defence of reasonable administrative action.

An employer sacked a worker because she requested unpaid domestic violence leave to care for her son, and not, as it claimed, because she engaged in bullying and other forms of misconduct, a commission has ruled.

An injured worker who was assessed as being at "high risk" of relapsing into alcohol misuse has won a reinstatement order, with a commission finding her 18-month abstinence suggested she was fit for employment.

An injured worker who continually dodged her return-to-work appointments was validly dismissed for "obfuscation", but her employer's overall handling of her termination made it unfair, a commission has ruled.

A worker who was sacked for engaging in a verbal altercation with railway personnel on his way to work has been reinstated, with a commission finding his actions didn't warrant his dismissal and he didn't pose a safety risk to his colleagues, despite his history of "aggressive outbursts".

A worker who claimed she was fired for exercising her workplace rights, under health and safety laws, has had her adverse action claim denied, with a court finding she was terminated for performance and disciplinary issues.

A worker who has not been able to work since a stress-related incident has lost his bid for reinstatement, unsuccessfully arguing his dismissal was unfair because it occurred at a time when there were conflicting medical opinions on his capacity.