An FWC full bench majority has refused to accept that an employer's flawed investigation process, coupled with uncharacteristic behaviour purportedly sparked by mixing medication and alcohol, excused a coal miner sacked over profanity-laced threats to co-workers.
An FWC full bench led by President Iain Ross has sent a powerful signal to members to back their own judgement in inherent requirements cases where there is conflicting medical evidence, describing a previous full bench decision ceding the final say to employers as "plainly wrong".
An FWC full bench has quashed an interlocutory decision allowing an employer to engage lawyers, finding it incumbent on the tribunal to give a self-represented employee an opportunity to weigh in on the matter.
A worker will have another shot at seeking a 45-day extension to file his general protections claim after an FWC full bench found he was wrongly refused on the basis that he needed a credible explanation for the entire length of the delay.
An FWC member denied a sacked worker an opportunity to re-open his case when she failed to forward to him a crucial psychologist's report her chambers received hours after the hearing concluded, a full bench has found.
A rail employee denied reinstatement in part as a result of post-dismissal Facebook posts calling his employer a "bastard" and "criminal with stars" will have another shot at challenging his sacking, after a NSW court of appeal found the state IRC exceeded its powers.
An FWC full bench has granted permission to appeal the sacking by resources giant FMG of an employee just one week into a six-week performance improvement plan (PIP), but has cautioned against interpreting its ruling as suggesting that employers must always see such processes through to the end.
An FWC full bench has quashed a ruling that upheld Woolworths' sacking of a petrol station employee for failing to follow its armed hold-up protocol when he refused to hand over money and cigarettes to an unarmed but "difficult" customer.