Remedy page 13 of 45

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


Company car removal after 'roo strike a dismissal: FWC

In a decision exploring when employers can be said to have repudiated employment contracts, the FWC has ruled that a multinational dismissed a worker when it "unilaterally" withdrew his company car without compensation following a collision with a kangaroo.

"Buyer's remorse" can't undo settlements: FWC

An employee claiming he was misled into accepting a settlement while suffering PTSD has unsuccessfully sought to back out of it, the FWC holding "buyer's remorse" is no reason to undo a properly made deal.

Tribunal delivers blow to gig platform's employment model

Deliveroo says it won't accept a FWC finding that a sacked rider was an employee entitled to protection from unfair dismissal or that it reflects how riders work in practice, but the TWU says the ruling puts Australia in line with other countries that recognise gig workers' rights.

Newsflash: Deliveroo rider an employee, says tribunal

The FWC has in finding a Deliveroo rider was an employee who must be reinstated criticised the platform for a "callous and perfunctory" dismissal "most notable for its absence of compassion".

Second-time-around sacking unfair without fresh evidence: FWC

A government agency has been ordered to reinstate a worker dismissed a year after it attributed a workplace vehicle collision to "human error", the FWC finding it had produced no further evidence to warrant the change of heart.

FWC saves "threatening" worker's bacon

The FWC has reinstated a bacon worker, after holding it was not threatening to say she felt like knocking a colleague off her perch, while finding the employer contributed to their stress, denied her procedural fairness and had a tendency to exaggerate evidence.

"Naïve" Facebook post insufficient reason for sacking: FWC

In a decision highlighting both the perils of "naïve" social media use and the incongruities of the JobKeeper program, the FWC has declined to award compensation to a teenage casual swim instructor unfairly sacked for recommending a rival business on a community Facebook page.

Trust loss after safety failure stymies reinstatement

An employer has convinced the FWC that a mineworker found to have been unfairly sacked over a safety failure should not be reinstated because it had lost trust and confidence in him.

Workpac redundancy not genuine: FWC

The FWC has found the redundancy of a FIFO labour hire coal mineworker affected by COVID-19 travel restrictions not genuine, holding that Workpac failed to meet its consult obligations after BHP said it no longer needed him.

Sacked picker compensated after "unfortunate" HR investigation

The FWC has criticised a company's "entirely unjust" process in sacking a long-serving mushroom picker for misplacing a knife, while noting her prior unblemished disciplinary record contrasted strangely with a swathe of warnings following a workplace injury.