A FWC full bench has refused to overturn the dismissal of a worker in a safety-critical role, upholding a member's finding that the seriousness of the worker's three positive drug tests outweighed procedural shortcomings.
A full Federal Court has quashed a first-of-its-kind FWC full bench majority finding that the tribunal has the power to make a workplace determination on contested bargaining matters after an agreement has already won approval.
Virgin Australia has failed to reverse the reinstatement of a flight attendant sacked for drinking a glass of prosecco within eight hours of a shift, and further accused of breaching its fatigue management policy by having s-x after requesting a shift change due to tiredness.
Two senior corporate lawyers will resume their pursuit of millions in compensation from Super Retail Group after the Federal Court rejected their claims that an enforceable settlement had already been agreed, while a full court will soon separately hear the employer's appeal aimed at suppressing details of its settlement offer.
A FWC full bench has advised a worker of her right to enforce in court a seven-months-late $32,000 unfair dismissal compensation order, after it ruled that a commissioner correctly understood that the company misinterpreted her "this is shit" curse in her "thick" Scottish accent as "I quit".
A full Federal Court has refused to overturn a finding that a former Qantas employee possessed the necessary mental capacity when she signed a deed in 2008 settling her claims of s-x and disability discrimination.
A full Federal Court has dismissed a National Rugby League referee's claim that the game wrongly denied him an opportunity to pursue his dismissal dispute because his employment ended at the conclusion of an "outer limits" contract.
In a significant decision on the statutory hurdles facing unregistered enterprise unions applying for federal registration, a FWC full bench has confirmed that assessing an association's membership is confined to "actual flesh and blood members" rather than any prospective members allowed under its rules.
UPDATED A High Court majority has clarified that a 115-year-old UK House of Lords decision does not bar the recovery of damages for botched sackings, restoring the award of $1.44 million to a consultant unable to work since his "sham" dismissal in 2015.
A Federal Court judge has cast doubt over a manager's $1.5 million adverse action payout in a ruling highlighting the difficulty in establishing who in large corporations ultimately makes the decision to dismiss an employee.
