A former public school teacher has been awarded $10,500 in penalties after pursuing the ACT's education department through the courts for more than seven years over allegations it unlawfully dismissed her, breaching its agreement's job security terms.
The FWC has ordered compensation but declined to reinstate 24 DP World wharfies sacked in 2021 for refusing to be vaccinated against COVID-19, finding that although the dismissal process was bungled, the workers "significantly contributed" to the situation.
A FWC presidential member has stayed payment of $10,000 to an unfairly sacked worker after going beyond an employer's appeal grounds to identify potential flaws in calculation of the compensation.
A senior FWC member should have considered a worker's "genuine belief" that he lodged his general protections claim on time, even though he had in fact filed a blank unfair dismissal form, a full bench has held in tackling a novel question about when an application is made.
In a full bench decision exploring what constitutes work-related conduct, essential services provider Ventia has failed to knock out the reinstatement of a firefighter who shared an Only Fans video and a meme showing three naked women in a "sickos" Facebook group of current and former colleagues.
A full Federal Court has overturned orders for a big company to compensate a former employee for a "sham" redundancy, finding a judge wrongly ruled on the necessity of a business restructure.
A FWC member incorrectly apportioned the burden of proof and applied the wrong test for "reasonable" self-defence in ordering reinstatement of a train driver sacked after fighting with a stranger on a station concourse, a full bench has found.
A worker sacked for sleeping on the job will have another shot at getting his job back after a full bench found a senior member failed to put him on notice that he considered reinstatement inappropriate and reached an "unsound" conclusion that the employer had a valid reason.
A signage company that sacked a worker via its director telling him to "get the f-ck out of my life" has failed to convince the FWC of its "extraordinary proposal" to spread his compensation payments over three and a half years.
A FWC full bench has acknowledged a railway station manager's "ambitious" claim that a member went "wholly outside" the available options when she upheld his sacking for failing to disclose serious criminal charges.
