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IR commissioner exceeded powers in dismissal case: Bench

A rail employee denied reinstatement in part as a result of post-dismissal Facebook posts calling his employer a "bastard" and "criminal with stars" will have another shot at challenging his sacking, after a NSW court of appeal found the state IRC exceeded its powers.

Sacked lawyer wins compensation in "sick zebra" case

A law firm chief executive's "abrasive" email to 80 lawyers warning that "the lion will soon be catching up with any sick zebras" has come back to bite him, the FWC finding that he unfairly dismissed a senior associate given two weeks' notice for allegedly threatening legal action.

FWC rejects union organiser's bid for reinstatement

The FWC has upheld the sacking of NUW NSW organiser Nick Belan over admissions to the Heydon Royal Commission he misused his union credit card, slamming his "complete disregard" for his duty.

Reprieve for Twiggy employee sacked during PIP

An FWC full bench has granted permission to appeal the sacking by resources giant FMG of an employee just one week into a six-week performance improvement plan (PIP), but has cautioned against interpreting its ruling as suggesting that employers must always see such processes through to the end.

No compensation for manager who lied on CV, damaged business

The FWC has ruled that an organisation's failure to provide notice to a poorly-performing finance manager rendered her dismissal unfair, but has refused to order compensation because she "deliberately deceived" it about her qualifications.

Lack of HR expertise costs small employer

"No human resources specialist would have recommended" the manner in which a company dismissed a worker after his "appalling conduct" when he swore in a vulgar way at his boss, the FWC has found.

Notice of dismissal must provide "ascertainable date": Bench

An FWC full bench has ruled that when an employer dismisses a worker, it must give notice of the time when it takes effect, or an "ascertainable" date, finding that an organisation failed to meet statutory obligations when it informed an employee he would be sacked on the completion of dispute processes under its enterprise agreement.

End of car industry to reduce AMWU's footprint

The AMWU says it will have to restructure due to loss of members from today’s closure of Toyota's Altona car assembly plant and the shuttering of Holden's manufacturing later this month.

Teacher acquitted of indecent assault wins job back

A Catholic school teacher sacked after being charged with indecent assault, of which he was later acquitted, has been reinstated after the FWC rejected the Sydney Archdiocese's argument that his automatic loss of clearance to work with children frustrated his employment.