The FWC has found an employer's failure to consult a pregnant worker before abruptly announcing her redundancy to be the "very definition of unfair", rejecting its submissions that a series of meetings were adequate.
A lawyer has launched a novel adverse action case against a law firm that sacked him within his probationary period, seeking a payout equivalent to nine-months' notice in part because it prevented him from working the minimum notice period by locking him out of its system.
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.
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.
