A "very bad" employer who used a website builder's alleged probationary period to sack her without warning must pay $20,000 in compensation, the WA IRC has found.
In a decision highlighting the FWC's occasionally challenging balancing act when weighing procedural fairness against business circumstances, the tribunal has found that while a small real estate employer failed to genuinely consult with an employee, his dismissal wasn't unfair because the company's changed operational requirements meant his role was no longer needed.
A self-represented adverse action applicant will be able to submit an amended statement of claim following a full Federal Court finding that he was last year denied a fair hearing by an "aggressive, rude and overbearing" judge.
The FWC has upheld the sacking of a sales assistant for serious misconduct that included s-xual harassment and threatening colleagues, while conceding the employer could have done a better job of responding to emerging signs of changes in his behaviour.
The FWC has found that a church worker was unfairly dismissed when she failed to secure a new role in a restructure, in part because of her fast-held views on same-sex marriage.
The addition of 'human resources' to an acting health and safety advisor's job title has helped persuade the FWC that a council can rely on its own employees rather than external legal representation to defend an unfair dismissal case.
A casual worker has won a second chance to contest his dismissal after a full FWC bench found a tribunal member did not treat him justly when failing to conduct a hearing or conference to consider disputed facts.
The FWC has upheld the dismissal of an armoured vehicle operator who admitted that he might not have persevered with his case had his employer granted earlier access to "quite damning" CCTV footage
The FWC has upheld Great Southern Rail's sacking of a hospitality worker for serious misconduct, finding he threatened two managers with repeated outbursts of verbal abuse that left them feeling "shaken and unsafe".
