Termination of employment page 133 of 180

An employer that took away most of a pregnant cashier's rostered shifts after $300 in shortfalls has been ordered to compensate her after the FWC ruled that the resultant 75% reduction in her pay amounted to a repudiation of her employment contract.

An FWC full bench has confirmed that the Australian Government Solicitor can "as a matter of right" represent all federal agencies, including commissions, in the tribunal, without having to seek permission.

The FWC has upheld the sacking of a worker for pressuring a colleague to join the AMWU after a "balanced and meticulous" external investigation found his actions amounted to bullying.

The FWC has ruled that a major alpine resort did not dismiss a ski patrol team member who had a "long history" of "discontent" with the workplace when it sent him an email last year notifying him that he wouldn't be re-employed this winter.

While stopping short of categorising a long-time Esso employee who worked overseas as an on-hire worker, an FWC full bench has found that his failure to secure a "substantive" role with the company on return to Australia meant he could not rely on an industry award to protect him from unfair dismissal.

A court has thrown out a labour hire worker's adverse action claim despite rejecting the respondent's argument that it lacked jurisdiction because the truck driver mistakenly identified her employer.

A tribunal member who reinstated a transit officer sacked for spraying a minor with capsicum spray should have given greater weight to his past conduct and the viability of re-establishing an employment relationship, a full bench has found.

The FWC has reinstated a worker after highlighting that her employer might have conducted unlawful covert video surveillance and that its HR department mishandled her dismissal.

An employer treated a long-serving worker like a "dirty rag" when it sacked her for an alleged incapacity to meet her job's inherent requirements, the FWC has found in what it describes as an "ignominiously memorable" case that provides a "strong foundation for argument against any lessening" of unfair dismissal protections.

The FWC has expressed "surprise" at the HR practices of a major courier company that dismissed a depot manager who was partially responsible for a breach of a worldwide embargo on a new JK Rowling book and was the subject of unfounded bullying allegations.