Browsing: Case law


Workers not at fault for delayed applications: Bench

A presidential member placed too much emphasis on two workers' failure to chase up their unfair dismissal applications, a FWC full bench has ruled, finding the representative's miscalculation of the due date responsible for the whole delay.


HR worker's desire for different result not enough for appeal

A FWC full bench has refused to extend time for a HR business partner seeking to appeal her unfair dismissal decision, finding she had failed to demonstrate any legal errors and instead merely showed "a preference for a different result".



Employer slugged $83K after sacking union delegate

An AMWU delegate sacked for allegedly outing non-union co-workers has been awarded the maximum available compensation after the FWC expressed surprise that his multinational employer's investigation could have been conducted "so badly".


FWC sinks boat captain's sacking challenge

An employer's failure to give a skipper an opportunity to respond to specific allegations about the circumstances surrounding a charter boat's costly collision with a channel marker did not provide sufficient reason to reverse his dismissal, the FWC has found.


Post-lunch email no proof of spilling beans: FWC

Listed services giant Ventia has been ordered to pay $25,000 compensation after failing to persuade the FWC it had reason to sack a senior employee it claimed divulged commercially sensitive information to its former national hospitality and catering manager over a lunchtime catch-up.


FWC bench weighs in on workplace "impairment"

A FWC full bench has upheld the reinstatement of a Sydney Trains employee found to have traces of cocaine in his system, despite ruling that a senior member wrongly concluded that employers need to establish workers who fail drug and alcohol tests are at risk of being "impaired" before sacking them.


HR managers warned about "tick and flick" policy explainers

The FWC has made it clear that HR managers should not inform employees about company policies as a "tick and flick" exercise, finding an employer harshly sacked a worker who had no understanding of his unacceptable behaviour when he bullied a colleague for supposedly "sucking up" to their manager.


Bullying, discrimination claims not supported by "scanty" hearsay

In a warning to employers undertaking investigations of workplace complaints, the FWC has ordered a mushroom grower to compensate a former harvest team leader sacked on the basis of "scanty" hearsay evidence and the "sheer number" of allegations about bullying and racial discrimination.


FWC upholds autistic worker's sacking for overstepping boundaries

A NDIS provider has refuted allegations it took unlawful adverse action by sacking a worker because of her autism spectrum disorder, with a FWC consent arbitration finding her efforts to rescue a dog and dispose of a client's medication exceeded the scope of her duties.


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