Appeals page 3 of 26

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


Second hearing a new trial, not an update: Judge

A judge has been forced to pick apart a full court's remittal order before determining that he must rehear a worker's adverse action case afresh rather than merely considering "updated" evidence.

Eight and out for aggrieved worker

The FWC has declared after eight unfair dismissal applications and 24 matters in total over two years that it will no longer entertain a persistent worker's quest for satisfaction through the tribunal.


Bench brings sacked flight attendant back to earth

A senior Virgin flight attendant has had her reinstatement overturned after a FWC full bench comprehensively picked apart a finding that procedural fairness deficiencies rendered her sacking for misconduct unfair.

Member's shortcut took the wrong course: Bench

A senior FWC member must reconsider an employer's jurisdictional objections to an unfair dismissal application in the correct sequence after a full bench found she leapfrogged several steps the first time around.

Academic's Israeli flag swastika no basis for sacking: Court

In a significant ruling on supposed 'cancel culture', a court has found a leading sandstone university and its former deputy vice chancellor breached an agreement's intellectual freedom clause when the institution sacked a lecturer for superimposing a swastika on a posted image of an Israeli flag.

Tribunal's "colonial attitude" claim dismissed

A worker who claims FWC President Iain Ross admitted to having a problem with commissioners' "colonial attitude" has lost his Federal Court bid to sue the tribunal for racial discrimination.

FWC asked to ignite slow-burning BHP negotiations

The CFMMEU's mining division has asked the FWC to intervene after almost two years of fruitless bargaining for enterprise agreements covering internal labour hire companies run by BHP's Operations Services.

Rehearing for worker sacked after non-existent policy breach

A foreign exchange dealer sacked after unwittingly becoming entangled in a $23,000 fraud will have his unfair dismissal case reheard after a FWC bench agreed a tribunal member found him in "serious breach" of a company policy that did not exist.

Newsflash: Finding that Deliveroo rider an employee quashed

In a significant decision on the employment status of gig workers, a FWC full bench has quashed a ruling that Deliveroo delivery rider Diego Franco was an employee entitled to protection from unfair dismissal.