Browsing: Appeals | Page 27 (301 items)


Unfair dismissal round-up: Compensation for worker sacked for remark made in jest; & more

Unfair to sack supervisor for remark made in jest; FWC grants legal representation for case to be heard on "less emotive" basis; Employer's appeal against domestic violence sacking rejected by full bench; High-earning BHPB "number two" not protected from unfair dismissal; HR business partner's $138,000 salary exceeds high income threshold; Tribunal rejects sacked worker's bid for reimbursement of counselling costs; Ranger dismissed because contract ran out, not whistleblowing; and FWC "draws the line" on "meandering" unfair dismissal claim.


Train driver sacked for safety breaches gets job back

Pacific National has been ordered to reinstate a train driver, after the FWC uncovered flaws in its investigation before it sacked him for speeding and leaving his co-driver behind while she took a trackside toilet break.


Unfair dismissal round-up: Morning sickness justifies extending time; and more

Morning sickness justifies extending time; Legal representation granted in drug test dismissal case; Constructive dismissal by phone justified after vehicle log book failure; Refusal to accept a large settlement not unreasonable, says FWC; and "Informal chat" insufficient consultation for horse trainer redundancy.





Full bench confirms defence personnel not "employees"

A full bench of the Federal Court has confirmed the common law definition of "employee" as it applies to defence personnel after an enlisted serviceperson unsuccessfully argued the Commonwealth had discriminated against him when it took adverse action and sacked him for being HIV positive.


Miscarriage no excuse for late lodgement; Cleaners strike in Canberra; and more

Cleaners strike in Parliament bathrooms to support pay claim; Miscarriage not reason enough for an extension of time; Lunching security guard unfairly dismissed; Accountant's sacking fair in "highly unusual" case; High Court to hear unions challenge to offshore visas; and Bechtel clarifies position on leave approval.



Appeal court rules on annual leave payouts

A full Federal Court has confirmed that annual leave owed to workers on termination of employment must be paid out at the same rate they would have received had they taken it while still working.


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