Remedy page 11 of 22

218 articles are classified in All Articles > Termination of employment > Remedy


Tribunal overturns sacking of elderly fixed-term contract worker

The ripples from a recent decision upsetting the authority on outer limits contract workers pursuing unfair dismissal claims have reached another jurisdiction, with the WA IR Commission ordering the reinstatement of a septuagenarian school traffic warden who had been "taken advantage" of by the employer.

#MeToo parallel as racial slur sacking upheld

The FWC has praised Australia Post subsidiary Startrack Express for its flawless process in dismissing an employee who "crossed a line" from tolerable crudity to unacceptable racism in his remarks to colleagues.

Guard "ambushed" over misconduct claims: FWC

A large employer's failure to tell an employee what claims were being investigated before conducting a recorded interview was among a number of flaws identified by the FWC in a procedurally "infected" dismissal.


FWC reinstates jettisoned driver

A bus company must reinstate a driver it dismissed on the spot, after CCTV footage undermined claims that he shouted at his general manager and behaved unreasonably after a meeting about his forcible ejection of a highly abusive would-be passenger.

Employer's bland statement no assistance; & more

Bench says employer's "bland" description no help to BOOT assessment; FWC takes chainsaw to gardener's sacking; and Tribunal rejects bid to require witness to appear in person.

"Lying thief" employee was a scapegoat: FWC

An administration manager sacked for being a "lying thief" has been awarded compensation of more than $13,000 after the FWC found instead that she had likely been made a scapegoat for a business's alleged attempt to commit insurance fraud.

Bench draws "fine" line on misconduct in abusive mineworker case

In a closely-watched dismissal case contemplating how much weight should be attached to mitigating factors, an FWC majority full bench has reinstated a worker sacked for his foul abuse and threats to colleagues via text messages and phone calls while drunk.

Reinstatement untenable after loss of trust in employer

In a rare case turning on an employee's loss of trust in his employer rather than the other way around, the FWC has stepped back from ordering the reinstatement of a worker found to have been unfairly dismissed, despite describing it as the most "compelling" remedy.

Worker sacked for blowing whistle on drunk employer: FWC

The FWC has ordered a franchisee to compensate an unfairly dismissed employee who contacted head office to report her boss for drunkenness and drink driving in accordance with company whistleblowing provisions.