Browsing: Appeals (286 items)


"Brutal" humiliation of worker did not warrant sacking: Bench

In a significant decision on whether a sacking can be unfair even when objectively justified, a FWC full bench has thrown a lifeline to a highly-regarded Parks Victoria employee facing the axe after "brutally" humiliating a worker at an on-site café.




Academic's anti-woke crusade cut short by court

A judge has binned the $7.5 million lawsuit of an academic claiming his "oppressor characteristics" made him a victim of a university's diversity policies, observing that while he might have "a very legitimate gripe", industrial laws are not the platform to advance his crusade against "woke ideology".


Council loses medicinal cannabis appeal

A FWC full bench has reinforced that a member did not expressly condemn using medicinal marijuana for pain management in a safety-critical role because it was not relevant to considering whether a council harshly sacked a worker who switched prescriptions to one containing THC.


No costs despite "imprudent" rejection of settlement offers

An unlisted mining exploration company has failed to claw back legal costs that included a 14-day trial defending claims brought by its former "whistleblower" chief executive, after the Federal Court found his rejection of two settlement offers justified when he stood to receive "substantial" penalties for workplace breaches.


Member "misapprehended" facts: Bench

A FWC full bench has emphatically quashed a deputy president's decision to bin a worker's unfair dismissal application with five hours' notice just two days before Christmas, finding he misapplied the Commission's powers and "misapprehended" the facts.


Fine increased for education department's job security breach

The ACT's education department must find an additional $8000 after a court increased penalties for breaching an agreement's job security terms in the case of a former public school teacher claiming she was unlawfully dismissed in 2016.


"In-principle" settlement not the end of the matter: Full bench

A FWC full bench has overturned a commissioner's decision to "unilaterally" and without warning "administratively close" a general protections claim based on his incorrect belief that the parties had reached a settlement.


FWC member "precipitously" binned case: Bench

A FWC full bench has found a presidential member denied two workers procedural fairness when he took the "precipitous step" of dismissing their general protections applications before they received his email warning he might do so because of their failure to lodge submissions in reply.


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