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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.

FWC rules Target HR capability means no need for legal help; & more

Target has enough HR staff to not need legal representation; Data upload difficulties lead to time extension; Mental health provider given go-ahead to employ ATSI people only; Biggest ever electronic ballot gets go-ahead for DHS; and Former retail group head facing fraud charges.


Court upholds summary sacking for policy and procedure breaches

A sacked St John Ambulance office manager who argued she breached workplace policies and procedures - including by hiring unaccredited trainers - in good faith and to meet an "urgent demand" for first aid training from the WA mining sector has failed in her common law damages claim.

FWC rejects second reinstatement bid

An unfairly dismissed Catholic school teacher who successfully argued before a Fair Work Commission full bench that a tribunal member failed to give sufficient consideration to reinstatement options has again missed out on getting her job back.