The AAT has rebuffed a claim of unfair treatment under the Fair Entitlements Guarantee from a worker who claimed she missed out on a redundancy payment because of her loyalty and empathy in staying-on with a failed company as its employee numbers dropped below the small business threshold.
A tribunal has reinstated a long-serving emergency services worker sacked for using "pain stimuli" on recruits during training, after it found his largely unblemished work history outweighed his misconduct.
The FWC has upheld the sacking of a car salesperson accused of forging a customer's signature to secure finance on a vehicle, finding the alleged misconduct of "sufficient gravity" to outweigh an imperfect dismissal process.
The FWC has extended time for a dismissal claim by 41 days due to errors by an IR representative, accusing him of "feckless and egregious" conduct in filing a client's witness statement without showing it to him first.
While expressing sympathy for a receptionist forced to assume responsibility for her 11-year-old sister after their mother's death, the FWC has rejected her claim she was constructively dismissed when her employer refused to modify her hours and guarantee leave for school holidays.