Court and tribunal decisions page 5 of 200

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Coles worker's adverse action claim to proceed: Bench

A casual Coles employee who worked his last shift in 2014 due to injury has been given the all-clear to pursue a general protections claim after an FWC full bench found he lodged his application within 21 days of his effective dismissal four years later.

Consultant rejected passage to India: FWC

The FWC has found that a multinational employer did not dismiss a seconded consultant who has refused to return to his Indian base, ruling that permanent residency does not entitle him to continuing employment in Australia.


Tribunal reduces length of demotion

The NSW IRC has considered the dividing line between misconduct and performance issues in cutting short the demotion of an assistant principal accused of hugging and professing her love for students, giving gifts and laughing when one of them threw paint over a colleague.

Undercover supervisor gathered evidence for guard's sacking

The FWC has upheld the dismissal of a long-serving security guard summarily dismissed after his corner-cutting habits while patrolling a "potentially dangerous" public housing estate were confirmed by a supervisor posing as a trainee.

"Familiarity" with employer no basis for recusal: FWC member

An FWC member has rejected a big employer's call to recuse himself from an unfair dismissal case, finding that his long familiarity with its processes and people remained "beneficial" to the parties despite having recently had one of his decisions involving the company overturned on appeal.

FWC backs sacking of "tailgating" fraudster

The FWC has upheld Sydney Water's sacking of a long-serving employee who deliberately concealed his off-site coffee breaks and avoided "make-up" time and the loss of his RDOs by "tailgating" other employees through security gates.


Outbursts undermined trust and confidence, FWC rules

The FWC has backed the actions of an aviation services company that kept a security guard on standby as it sacked a long-serving administration worker with a short history of volatile outbursts.