An FWC senior member who considered a bus driver's submissions on procedural fairness to be "unduly pernickety" wrongly found he was properly notified and had a chance to respond, but a full bench has upheld his sacking.
A former chief executive's admission that it was "madness" not to have told investors he did not have outright ownership of the app at the heart of the business has put paid to his attempt to sue over alleged adverse action and oppression.
After the FWC reinstated one of two truck driver TWU delegates involved in a punch-up, it has now upheld Toll's dismissal of the second driver because he lied during its investigation – a reason not relied on by the employer.
An FWC bench led by President Iain Ross "made no attempt" to analyse how model and agreement redundancy terms would operate in conjunction when assessing whether 21 seafarers had been fairly dismissed, a full Federal Court has found.
The NTEU is seeking to strengthen academic freedom clauses to protect university staff from "cancel culture" after a court found no legally enforceable right in measures relied on by sacked Sydney University lecturer Tim Anderson.
The FWC has dismissed an employer's application to reduce a redundancy payment to nil, finding redeployment options unacceptable because of excessive travel time and reduced income.
The FWC has declined to hear an NRL assistant coach's late claim that his club unfairly dismissed him during the season's temporary suspension due to COVID-19, but has conceded that he might reasonably feel "particularly aggrieved" about his selection for redundancy.
A company forced to reinstate a senior executive sacked more than three years ago after a stoush with a HR manager has successfully appealed, with the Federal Court to redetermine his adverse action case if not resolved at mediation.
A SA youth worker sacked after he was deemed "psychologically unsuitable" has failed to overturn a finding that his employer had no option because of the job's inherent requirement that he pass the psychometric test.
A tribunal head has taken the unusual step of critiquing a member's "imprecise" decision that required an appeal bench to review evidence to identify the reasoning behind his findings.
