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Category Archives: Workplace Health & Safety

Fairly dismissed for swearing at the boss

Decisions about swearing in the workplace are often some of the more unpredictable decisions in the Fair Work jurisdiction. In this case, the employer succeeded in defending its decision to dismiss an employee by demonstrating that the employee had previously been warned swearing in the workplace prior to his dismissal. The Fair Work Commission heard…

FWC finds obese employee fairly dismissed

In a recent decision by the Fair Work Commission, an obese employee’s unfair dismissal application was dismissed after the employer established that the employee’s obesity and associated medical conditions meant that the employee could no longer perform the inherent requirements of his role. The employee was stood down following a manual handling hazard and risk…

Get your facts strange or risk unfair dismissal

A large rail industry employer has been ordered to reinstate a train driver after he was dismissed for what the employer deemed were breaches of safety protocols. The first incident relied upon for the termination was the employee leaving his co-driver behind after she disembarked the locomotive for a toilet break. The co-driver was found…

Attempt to widen motel sex case decision dismissed

In a recent case concerning a tanker driver and his application for workers compensation, Justice Bromberg of the Federal Court of Australia rejected the employer’s interpretation of the much discussed ‘motel sex case’. Motel sex case revisited To understand the implication of this recent case, it is necessary to revisit the details of the famed…

Unfairly dismissed despite serious safety breach

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…

Policies and process fails employer in unfair dismissal case

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…

Formal ‘stop bullying’ order made by FWC

The Fair Work Commission has handed down a rare ‘stop bullying’ order after a formal finding that two employees had been bullied. The employees of a small real estate business each made an application for an order to stop bullying. The employees alleged bullying conduct by a particular Property Manager, who was subsequently relocated to…

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