Appeals page 4 of 16

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

Deportation officer fairly sacked over airport lounge food raid: Bench

A Serco detainee officer has failed to overturn a finding that he was fairly dismissed for his flawed oversight of a high-risk deportation, allowing his team to remove refreshments from a Qantas lounge and letting the detainee make a withdrawal from an ATM.

Labour hire company sacked worker rejected by host: Bench

Labour hire company Spinifex Recruiting has again come under fire for its reliance on a "misnamed" temporary employment agreement, with an FWC full bench rejecting its argument that it did not dismiss a casual worker because its client merely exercised its discretion to terminate her assignment.

Bench quick to dismiss rabbi's seven-year-late application

An FWC full bench has refused a rabbi leave to appeal a decision rejecting his third set of unfair dismissal proceedings against his past employer, on the basis it was seven years out of time and had no prospect of success.

Reinstatement can't be challenged on basis it caused stress: Bench

A bus company's live-in general manager has failed to reverse an order reinstating a driver sacked after forcibly removing an abusive passenger, an FWC full bench refusing to admit fresh evidence that it would be detrimental to her health.

Court to rule whether FWC captured by Royal Commissions Act

Sacked NUW NSW official Nick Belan has today continued his challenge to the FWC's ability to rely on evidence given to royal commissions, urging a full Federal Court to treat the tribunal like a court and find that it should not have been able to uphold his sacking on the basis of admissions made in 2015.

Casual work not included in redundancy calculations: Bench

Unilever has successfully challenged a requirement to count employees' prior periods of casual and seasonal work when calculating length of service for redundancy payouts, an FWC full bench calling into question a landmark 2016 majority finding that casual work should be included.

Bench applies brake to bike mechanic's sacking

In a decision confirming that employers must "expressly" advise workers when their job is at risk and provide them enough time to demonstrate improvement, an FWC full bench has quashed a finding that a bike shop complied with the Small Business Unfair Dismissal Code when sacking one of its mechanics.

Bench sheds more light on "shadow" lawyers

In a ruling that builds on the recent "shadow lawyers" decision, an FWC full bench has found that a large company with in-house IR legal expertise does not require approval to engage a law firm to prepare its defence of a self-represented worker's dismissal claim.

Vulgar worker sacked in "hopeless manner"

The FWC on rehearing a yard hand's dismissal application has observed his employer's lack of HR expertise did not wash as an excuse for the "disgraceful and grossly unfair" sacking, but slashed compensation due to his vulgar language and propensity to snap when frustrated.