A FWC presidential member has stayed payment of $10,000 to an unfairly sacked worker after going beyond an employer's appeal grounds to identify potential flaws in calculation of the compensation.
A senior FWC member should have considered a worker's "genuine belief" that he lodged his general protections claim on time, even though he had in fact filed a blank unfair dismissal form, a full bench has held in tackling a novel question about when an application is made.
In a full bench decision exploring what constitutes work-related conduct, essential services provider Ventia has failed to knock out the reinstatement of a firefighter who shared an Only Fans video and a meme showing three naked women in a "sickos" Facebook group of current and former colleagues.
A full Federal Court has overturned orders for a big company to compensate a former employee for a "sham" redundancy, finding a judge wrongly ruled on the necessity of a business restructure.
A FWC member incorrectly apportioned the burden of proof and applied the wrong test for "reasonable" self-defence in ordering reinstatement of a train driver sacked after fighting with a stranger on a station concourse, a full bench has found.
A worker sacked for sleeping on the job will have another shot at getting his job back after a full bench found a senior member failed to put him on notice that he considered reinstatement inappropriate and reached an "unsound" conclusion that the employer had a valid reason.
A signage company that sacked a worker via its director telling him to "get the f-ck out of my life" has failed to convince the FWC of its "extraordinary proposal" to spread his compensation payments over three and a half years.
A FWC full bench has acknowledged a railway station manager's "ambitious" claim that a member went "wholly outside" the available options when she upheld his sacking for failing to disclose serious criminal charges.
A law firm has failed to overturn the "bulk" of a court decision to award a junior solicitor more than $185,000 in compensation and penalties after his sacking for making almost 250 complaints.
A four-member FWC bench failed to properly consider whether an experienced train driver sacked after receiving a two-year community corrections order for high-range drink driving was notified of the reason for his dismissal and given an opportunity to respond, a full Federal Court has found today.
