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.
The Spotless group has avoided paying an 11-week redundancy to a facilities manager it dismissed after nearly seven years, a tribunal finding that the split was an instance of "ordinary and customary turnover of labour".
Contested-facts dismissal case should have gone to hearing: Bench; Member's "significant error" in considering legal representation; FWC rejects employer's costs bid in Coty "ugly emails" case.
An FWC full bench majority has thrown out a a company's challenge to a decision requiring it to reinstate an injured worker to his previous role and ensure he receives "work hardening".
An FWC full bench has ordered a re-examination of the sacking of a worker for his "nonchalance" towards OHS obligations, lack of contrition after a workplace mishap and failure to wear safety glasses.
An FWC full bench has quashed an order requiring a worker's representative, due to his unreasonable acts or omissions, to pay more than $11,000 of the employer's costs in an unfair dismissal case.
The FWC had found that an unresolved dispute extended a worker's employment beyond the six month qualifying period for protection from unfair dismissal.
A full Federal Court has upheld the Australian Defence Force's right to sack an outspoken army reservist over his "extreme" and "wholly unacceptable" social media comments about Islam and a transgender colleague.
Sacking a transit officer for "excessive force" when he used capsicum spray on a threatening 12-year-old boy was unfair because the employer should have considered demoting him instead, a tribunal has found.