A home improvement company had a valid reason to sack a business manager who recklessly approved credit for a struggling customer, but the FWC has held that its process in dismissing him while on sick leave rendered it unfair.
A casual FIFO worker has been cleared to pursue an unfair dismissal claim despite the employer arguing that half of his seven months with them was taken up with unpaid R&R.
A NSW ministerial speechwriter who lost her post over a "personality clash" cannot challenge the dismissal in the state's industrial tribunal, after it ruled she was a labour hire employee.
A worker dismissed two days before flying overseas only to discover on arrival that her mother was dying of cancer has had her late unfair dismissal application accepted, the FWC finding it would have been "shockingly callous" to require detailed medical records sought by her former employer.
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.
In a decision closely examining the FWC's power to award costs, a reinstated worker who was the beneficiary of an earlier ruling has on rehearing failed to persuade the Commission that her employer either unreasonably defended the unfairness of its actions or ignored its poor prospects of success.
An EPA worker believed to have contracted Legionnaires' disease by walking past Sydney Town Hall during an outbreak has won reinstatement after establishing that it caused him to suffer major depression that contributed to his poor work performance.
No "take two" after worker's safety breaches; $40K for full-time worker told he had "completed" his role; and Compensation for "forgetful" 66-year-old driver.
The FWC has accepted an unlawful dismissal claimant's contention that the tribunal's "slow processing" of her $73.20 filing fee explained a two-minute delay in online lodgement.
In a case clarifying when an employee can claim they signed a deed of release under 'duress', the FWC has thrown out a director's unfair dismissal matter after finding he had ample opportunity to test his assumption that he would not be paid his entitlements if he did not put pen to paper.
