Appeals page 15 of 16

156 articles are classified in All Articles > Termination of employment > Appeals

Secondment arrangement akin to labour hire: Bench

A Flinders University analyst who argued that she was dismissed to avoid an investigation of her workplace bullying allegations has failed to convince a Fair Work Commission full bench she should be able to appeal the rejection of her unfair dismissal claim.

Teacher wins reinstatement appeal

In a ruling that highlights the need for tribunal members to fully explore reinstatement options for unfairly dismissed employees, the Fair Work Commission has upheld an appeal by a Catholic teacher against a decision not to give him his job back.

Federal Court rejects bid to overturn delegate's reinstatement

The Federal Court has dismissed a stevedoring company's challenge to the interim reinstatement of a MUA delegate, despite acknowledging the company's belief that the orders undermined its authority to manage workplace bullying and harassment.

Prison officer involved in custody death wins court appeal

A senior prison officer's long-running bid to keep his job remains alive after he successfully challenged a ruling by a NSW IRC full bench that upheld threats to dismiss him for failing to follow correct procedures in an incident that led to the death of a prisoner.

Regular overtime should be counted as income: Full bench

In an important decision, a Fair Work Commission full bench has ruled that regular overtime can be classified as earnings when determining whether the remuneration of workers making unfair dismissal claims is below the statutory limit.

No mistakes in doctor reinstatement ruling, tribunal bench finds

In a long-running case with numerous twists and turns, an unfairly dismissed anaesthetist has again failed to win his job back after a Fair Work Commission full bench ruled there were no errors in Deputy President Val Gostencnik's decision that Barwon Health's loss of trust and confidence in him made reinstatement inappropriate.

FWC bench backs sacking of social media policy objector

A warehouse worker who claimed Linfox's social media rules infringed his "freedom of speech" has failed to overturn a ruling that his dismissal for repeated disregard of the company's policies was not unfair.

Appeal court upholds $1.6m payout to sales director

A finance company has failed to overturn an order to pay $1.6m in damages to a sales director it initially dismissed on notice and then purported to summarily sack for allegedly sexually harassing a subordinate.

Bench makes important ruling on legal representation

A Fair Work Commissioner was wrong to give the Tax Office permission to be represented by a solicitor but not a barrister, but a full bench has denied the NSW Bar Association leave to appeal against the representation ruling because the ATO admitted it did not adversely affect its case.