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Valid reason outweighed by long service and investigation delay

A major IT company had a valid reason to sack a project manager who wrongly claimed overnight expenses on 141 occasions over less than 12 months, but his dismissal was unfair given his long and otherwise unblemished service and the long delay in investigating the misconduct, the Fair Work Commission has ruled.

FWC must advise employer on reinstatement options: bench

A Fair Work Commission member's failure to alert an aged care operator during an unfair dismissal hearing that she might reinstate a nurse to a different operational area represented a denial of natural justice, a full bench has found.

Mother of a mistake no justification for late application

Allowing a late unfair dismissal application because of representative error is less likely to occur where the agent is not professionally qualified, a Fair Work Commission appeal bench has ruled.

Will mutual trust and confidence give rise to dismissal damages?

A leading barrister has looked ahead at issues - including damages in dismissal cases - likely to arise if the High Court confirms the existence of an implied term of mutual trust and confidence in Australian employment law.


Direction to work extra hours ruled unlawful and unreasonable

A company's requirement for an employee to work additional unpaid hours and make himself available on-call was neither lawful nor reasonable, the Fair Work Commission has ruled in upholding his unfair dismissal claim.



Worker's insubordination grounds for dismissal: FWC

A fly-in, fly-out worker who made bullying and intimidation complaints but then refused to comply with his employer's instructions or grievance process has lost his unfair dismissal claim.