A senior Fair Work Commission full bench has ruled that when assessing compensation in an unfair dismissal case, the tribunal needs "cogent evidence" to find that an employee would have been summarily sacked within a short period if the original termination of employment had not occurred.
A five-member bench of the Federal Court has ruled that a company was entitled to summarily dismiss an executive employee for serious misconduct that destroyed the relationship of trust between them, even though it had moved earlier to terminate his employment on six months' notice.
A Fair Work Commission member denied an employer procedural fairness when he allowed a self-represented unfair dismissal applicant to escape cross examination by giving unsworn evidence from the bar table, a full bench has ruled.
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.
A Fair Work Commission full bench has overturned the reinstatement of a Sydney Harbour captain sacked for failing a drug test after crashing his ferry into a wharf.
Two Australia Post employees sacked for circulating p--nography in the workplace will keep their jobs after a full Federal Court ruled this morning that a FWC full bench made no errors in its decision to grant them leave to appeal a decision that upheld their dismissals.
A Fair Work Commission full bench majority has found that an employee of The Body Shop did not breach her employment contract by working as an independent contractor for another retailer, and was unfairly dismissed when she refused to terminate the engagement.
BHP Coal was entitled to direct a boilermaker to attend an appointment with a company-nominated physician to determine whether he was fit to return to work, and to then terminate his employment when he refused to go, a Fair Work Commission full bench has ruled.
An injured Qantas baggage handler who sought a review under state workers compensation law of a rehabilitation plan that would have transferred him to a new employer was not prevented by the Fair Work Act's "multiple actions" provisions from pursuing a federal unfair dismissal claim, a full bench of the FWC has ruled.
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.
