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Unsworn evidence denied employer natural justice: Bench

A Fair Work Commission member denied an employer procedural fairness when he allowed a self-represented unfair dismissal applicant to escape cross examination by giving unsworn evidence from the bar table, a full bench has ruled.

Rocky road for employer after FWC rules against relocation

A confectionery company's direction to its production workers to shift their jobs 34km across Sydney's southern suburbs breached their rights under their enterprise agreements and employment contracts, a FWC full bench has ruled today.

Summary dismissal in the eye of the beholder: Court

The NSW Supreme Court has ruled that the ANZ Bank did not need to prove that an executive leaked a doctored email to the media before sacking him without notice, only that it had formed the "opinion" that he had.

Company should have called in HR, says FWC

A retail chain could have avoided unfairly sacking a strongly performing store manager for refusing a substantial pay cut if it had utilised its in-house HR expertise, the Fair Work Commission has found.


Underpayment claim shouldn't stop reinstatement, but appeal fails

A FWC full bench has ruled that in assessing whether reinstatement is appropriate in an unfair dismissal case, the tribunal should not take into account any ill-will arising from continuing legal proceedings between an employee and an employer.

CEPU fails in costs claim against sacked employee

The CEPU's delay in raising a jurisdictional objection has thwarted its bid to recoup legal costs from an employee who pursued an unfair dismissal claim despite earning more than the salary cap.


Don't bet on same result in TAB dismissal cases

Two council workers who were sacked after visiting the same TAB during working hours have met markedly different fates, with one winning his job back and the other losing his unfair dismissal case.