Appeals page 1 of 21

204 articles are classified in All Articles > Termination of employment > Appeals


"Emphatic" rejection of case no basis for costs: Judge

Coles has failed to win more than $25,000 costs sought against an experienced Indian lawyer who unsuccessfully spent almost two years trying to challenge his sacking from one of its supermarkets while qualifying to practice in Australia.

FWC to re-hear case of lawyers sacked for "insubordination"

A criminal lawyer has succeeded in overturning findings that he unfairly sacked two solicitors he accused of "insubordination" and "sabotage", a FWC bench ruling that a tribunal member was too dismissive of his explanation for missing a hearing.

Law clear about decisions on the papers: FWC bench

An employer will get another chance to argue that it did not dismiss a worker after a four-member FWC bench determined that the company's jurisdictional objection should not have been decided on the papers.

Lecturer wins 'cancel culture' appeal

In a significant ruling on academic free speech, a university lecturer has been given a second chance to challenge his sacking for superimposing a swastika on an Israeli flag after a full Federal Court found insufficient weight had been attached to an agreement's 'intellectual freedom' clause.

Indemnity costs against worker who made "meritless" claim

The FWC has ordered indemnity costs against a financial advisor held to have pursued a "meritless" unfair dismissal application nine months after resigning and a vexatious appeal because he believed his former employer was backing out of a separation deal.

Listed company's $5m adverse action payout quashed

A full Federal Court has quashed a software company's $5.2 million general protections payout and ordered a retrial after finding that the judge in awarding record compensation to the former Victorian state manager failed to provide adequate reasons in his 350-page decision.

Bench endorses employer's "commendable" sacking process

A FWC full bench has upheld a finding that a Toll health and safety representative was not entitled to be paid for attending the disciplinary meetings of another HSR, or grabbing a coffee after, and was after a "commendable" process rightfully sacked for falsifying his timesheets.

Change award to curb "excessive litigation": Bench

An FWC full bench, in overturning a finding that the engineers, scientists and IT professionals award does not apply to an LNG consultant, has suggested reviewing its coverage provisions after "excessive litigation" to establish whether it covers unfair dismissal applicants.

Post-sacking conduct didn't make separation valid: Bench

FWC Deputy President Gerard Boyce has again run afoul of a tribunal bench, which has reminded him that conduct months after a dismissal cannot be considered when deciding whether an employer has a valid reason.

Employer's appeal slashes big payout to former manager

A manager unfairly accused of being a "malingerer" has had his near-$900,000 unlawful sacking payout slashed on appeal, a judge finding the original ruling contained enough errors to reduce the figure but stopping short of ordering a retrial.