Sacking a transit officer for "excessive force" when he used capsicum spray on a threatening 12-year-old boy was unfair because the employer should have considered demoting him instead, a tribunal has found.
The FWC has reinstated four workers after finding they were not "genuinely redundant" and that their employer took an "unduly hasty and largely tokenistic" approach to meeting its consultation and redeployment obligations.
FWC President Iain Ross has asked a full bench to review abandonment of employment clauses in six modern awards after a recent ruling that employers must take the "additional step" of ending the employment relationship when a worker walks off the job.
The FWC has found the sacking of an HR officer for underperformance was an unfair fait accompli, determining that she was given inadequate opportunities to improve and insufficient notice that her job was in peril.
An employer that made seven of its employees redundant without properly considering "job swaps" with others breached its statutory obligation to explore redeployment options, an FWC full bench has found.
A lie told by a veteran Qantas flight attendant sacked for stealing alcohol has again proven his undoing, with an FWC full bench yesterday quashing an unfair dismissal ruling that put him in line for more than $33,000 in compensation.
An FWC full bench has ordered a nurse intent on having her "day in court" to pay $5,000 in legal costs for pursuing an appeal with no reasonable prospects of success, despite threats she would take her own life if costs went against her.
A full Federal Court has found a Catholic employer terminated the employment of a school coordinator who had been charged over indecent assault of a minor, opening the way for him to pursue his unfair dismissal claim in the Fair Work Commission.