Browsing: Appeals | Page 6 (298 items)


"Abject stupidity" insufficient reason for sacking: Bench

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.



Wrong test applied over workplace fight case: Bench

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.


Bench quashes sleeping on job ruling

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.


FWC rejects company bid for three-year payout plan

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.


Sacked rail worker's "ambitious" appeal off track: Bench

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.


Law firm loses appeal against $185K ruling

A law firm has failed to overturn the "bulk" of a court decision to award a junior solicitor more than $185,000 in compensation and penalties after his sacking for making almost 250 complaints.


FWC bench failed to follow Act's script: Full court

A four-member FWC bench failed to properly consider whether an experienced train driver sacked after receiving a two-year community corrections order for high-range drink driving was notified of the reason for his dismissal and given an opportunity to respond, a full Federal Court has found today.


Re-hearing delivers no change for sacked forex dealer

A foreign exchange dealer has come up empty-handed after he overturned his dismissal on appeal, with the FWC on re-hearing the case taking little time to reject his claim that the "punishment did not fit the crime".


Costs against manager accused of earning "secret profits"

The former contracts manager of an ASX-listed mining company has been ordered to pay half his former employer's costs in defending an appeal against a judge's decision to strike out most of a general protections claim filed as the company pursues him for allegedly earning "secret profits".


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