Appeals page 22 of 26

A Fair Work Commission full bench has ruled that representative error does not provide an "inviolable reason" for granting an extension of time for an unfair dismissal claim due to exceptional circumstances.

Prior employee misconduct that did not result in dismissal but demonstrates a "pattern of unacceptable behaviour" must be considered when determining unfair dismissal cases, a Fair Work Commission full bench has ruled.

An FWC full bench has quashed a finding that BHP Coal unfairly dismissed an employee due to shortcomings in procedural fairness, after finding it reasonable for the company to have "leanings or inclinations" on sanctions to apply when its investigation indicated the worker had engaged in serious misconduct.

Unfair to sack supervisor for remark made in jest; FWC grants legal representation for case to be heard on "less emotive" basis; Employer's appeal against domestic violence sacking rejected by full bench; High-earning BHPB "number two" not protected from unfair dismissal; HR business partner's $138,000 salary exceeds high income threshold; Tribunal rejects sacked worker's bid for reimbursement of counselling costs; Ranger dismissed because contract ran out, not whistleblowing; and FWC "draws the line" on "meandering" unfair dismissal claim.

Pacific National has been ordered to reinstate a train driver, after the FWC uncovered flaws in its investigation before it sacked him for speeding and leaving his co-driver behind while she took a trackside toilet break.

Morning sickness justifies extending time; Legal representation granted in drug test dismissal case; Constructive dismissal by phone justified after vehicle log book failure; Refusal to accept a large settlement not unreasonable, says FWC; and "Informal chat" insufficient consultation for horse trainer redundancy.

"Tennis tragic" cops serve from the FWC over dismissal; Grain handling industry gets new modern award; and CFMEU expresses concern over Hanna allegations.

Decision to "chance her arm in the Federal Court" costly for general protections applicant; Some safety breaches warrant summary dismissal to maintain OHS policy: FWC.

Doctor awarded $20K after hospital fails to give adequate notice; Account manager compensated despite poor performance; and Directors of defunct companies liable for IR fines.

A full bench of the Federal Court has confirmed the common law definition of "employee" as it applies to defence personnel after an enlisted serviceperson unsuccessfully argued the Commonwealth had discriminated against him when it took adverse action and sacked him for being HIV positive.