Remedy page 29 of 30

297 articles are classified in All Articles > Termination of employment > Remedy

Valid reason outweighed by long service and investigation delay

A major IT company had a valid reason to sack a project manager who wrongly claimed overnight expenses on 141 occasions over less than 12 months, but his dismissal was unfair given his long and otherwise unblemished service and the long delay in investigating the misconduct, the Fair Work Commission has ruled.

FWC must advise employer on reinstatement options: bench

A Fair Work Commission member's failure to alert an aged care operator during an unfair dismissal hearing that she might reinstate a nurse to a different operational area represented a denial of natural justice, a full bench has found.

Direction to work extra hours ruled unlawful and unreasonable

A company's requirement for an employee to work additional unpaid hours and make himself available on-call was neither lawful nor reasonable, the Fair Work Commission has ruled in upholding his unfair dismissal claim.

HR shortcomings make urinating driver's dismissal unfair

A truck driver sacked for urinating outside the entrance to a Woolworths warehouse will receive around $14,000 in compensation after the Fair Work Commission ruled his employer's handling of the investigation into the incident rendered his dismissal unfair.

Federal Court rejects Australia Post's p--n ruling challenge

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.

S--ual undertones not a breach of harassment policy

A TNT Express driver who clumsily tried to extricate himself from a conversation that had s--ual undertones with a younger female retail store employee did not breach the company's harassment and discrimination policy, the Fair Work Commission has found.

Qantas worker's unfair dismissal claim not statute barred: Bench

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.

Fighting Coles warehouse worker wins job back

A senior member of the Fair Work Commission has reinstated a Coles forklift driver who was involved in a fight with a colleague, finding his dismissal harsh given his good record over 18 years of employment and his relatively passive role in the altercation.

Xmas party breast-toucher gets job back

A NSW public servant who admitted touching the breasts of five women during a 2012 Christmas party has won his job back after the NSW IRC found he was treated more harshly than a senior manager who was only demoted.

Marijuana smoker wins job back despite zero tolerance policy

Zero-tolerance drug and alcohol policies are back in the spotlight following the FWC's decision to reinstate a ship's master who crashed his ferry into a Sydney Harbour wharf 16 hours after smoking marijuana at home to relieve shoulder pain.