Browsing: Appeals (301 items)


Bench overturns $33K payment to "difficult" worker

A senior FWC member should not have discounted a doctor's evidence that a worker possessed the "sound mind" required to understand the consequences of his resignation, a full bench has found.


Jackie 'O' stalker's reinstatement in doubt

The FWC has stopped short of reinstating a wharfie potentially not "in the right mind" when he resigned in 2024, after the tribunal became aware of his recent incarceration for stalking radio star Jackie 'O' Henderson.


"Uninformed view" led to manager's sacking: FWC

The former executive manager of an "effectively insolvent" disability services provider sacked while on workers compensation has been awarded $20,000, after the FWC found an administrator reached an "uninformed view" her job could be performed by subordinates.



Member "misread" evidence about racist comments: Bench

A FWC member who ordered a meatworker's reinstatement wrongly discounted as hearsay evidence that he allegedly called his Pacific Islander colleagues "tree apes" and "black c-nts", a full bench has found.


FWC powers transcend diplomatic immunity: Full court

In a significant decision on diplomatic immunity, a full Federal Court has tossed out an embassy's claim that it enjoys protection from unfair dismissal proceedings, confirming in the process that the FWC has standing as a "court" under the relevant legislation.


HR manager not denied chance to give evidence: Bench

A FWC full bench has upheld a $60,000-plus payout to a worker sacked after refusing to take a breath test, rejecting an employer's claim that the umpire unfairly denied its HR manager a chance to give evidence.


Bench corrects member's "misunderstanding"

A FWC full bench has overturned a ruling that due to an employee's lack of award coverage, her employer - which conceded that the SCHADS award applied - had no obligation to consult her before making her redundant.


No cooling-off entitlement: FWC bench

A worker held a mistaken belief that he had a legal entitlement to a cooling-off period after he settled his unfair dismissal claim, a FWC full bench has ruled.


No "promise" to convert fixed-term contract to permanency

A FWC full bench has quashed a finding that a government-owned First Nations accommodation service dismissed a manager by breaking a "promise" to convert her non-continuing contract arrangement to permanent employment once she obtained Australian citizenship.


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