Appeals page 6 of 21

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


"Unsteady" paramedic wins second chance to get job back

A paramedic sacked for allegedly self-medicating with a pain relief drug while on duty will get another chance to push for reinstatement, with Queensland's Industrial Court upholding his challenge to a decision dismissing his application.

Bench quashes compensation for "intentionally deviant" mineworker

An FWC full bench has quashed a decision to compensate an "intentionally deviant" mineworker, finding a tribunal member wrongly focussed on a BHP subsidiary's perceived failure to follow its Fair Play disciplinary guidelines.

Full court upholds "insubordinate" lawyer's sacking

A full Federal Court has upheld the dismissal of a senior lawyer who publicly criticised government clients of his firm, finding that repeatedly disobeying reasonable directions to desist trumped his right to express a political opinion.


Majority rejects restrictive take on general protections laws

A Federal Court full court majority has given a broad meaning to a section in the Fair Work Act's general protections that says employees must be "able to complain" to establish a breach of their workplace rights.

Glazier's dismissal ruling lacked reflection: Bench

An FWC member must rehear the unfair dismissal claim of a glazier sacked for frequent absences following surgery, a full bench finding he failed to consider whether the employer notified the worker of reasons later found to be valid or gave him a chance to respond.

Bench corrects "counter-intuitive" compensation ruling

A tribunal member "counter-intuitively" refused to award compensation to an unfairly dismissed employee after failing to assess financial loss and wrongly asserting that she had admitted to competing priorities, an FWC full bench has found.

Regular work, not hours, the key to casual status: Bench

An FWC full bench has allowed a casual worker to claim unfair dismissal after finding a senior tribunal member wrongly focussed on her irregular "pattern" of days and hours in holding she had not met the minimum employment period.

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.