Browsing: Appeals | Page 25 (292 items)


Worker couldn't fulfil job's inherent requirements: Bench

An FWC full bench has found a presidential member got her facts wrong when she found an employee recovering from a skydiving accident was capable of performing the inherent requirements of his position.


Not mandatory to sack teachers charged with child assault: Bench

The NSW Catholic Education Office is considering an appeal against an FWC full bench ruling that child protection legislation does not oblige employers to dismiss teachers charged with indecent assault against minors but only stops them from performing "child-related work".


Drunk GM's $300,000 damages payout slashed

The general manager of a leading insurance brokerage sacked for his drunken conduct has had his $300,000 wrongful termination damages payout discounted by 70%, after the NSW Supreme Court of Appeal upheld the employer's appeal.



ANZ to pay $100,000-plus after "flawed" misconduct probe

An ANZ state director sacked for allegedly altering a confidential internal email and forwarding it to a journalist has today been awarded more than $100,000 for wrongful dismissal by the NSW Court of Appeal.


Auto-termination clause doesn't stop worker pursuing dismissal claim

A worker purportedly hired to work on a construction project until her demobilisation "automatically" terminated her employment was entitled to make an unfair dismissal claim, because she wasn't employed to perform a "specified task", an FWC full bench has found.



Full court overrules FWC bench on "drink-spiked" Qantas pilot

A full Federal Court has ruled today that an FWC full bench went beyond the boundaries of the tribunal's fast-track "permission to appeal" process, when it dealt with the "substance" of a sacked Qantas pilot's challenge to his dismissal.


Representative error not automatic reason to extend time: FWC

A Fair Work Commission full bench has ruled that representative error does not provide an "inviolable reason" for granting an extension of time for an unfair dismissal claim due to exceptional circumstances.


Bench upholds sacking for racist comments

Prior employee misconduct that did not result in dismissal but demonstrates a "pattern of unacceptable behaviour" must be considered when determining unfair dismissal cases, a Fair Work Commission full bench has ruled.


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