A rail employee denied reinstatement in part as a result of post-dismissal Facebook posts calling his employer a "bastard" and "criminal with stars" will have another shot at challenging his sacking, after a NSW court of appeal found the state IRC exceeded its powers.
A law firm chief executive's "abrasive" email to 80 lawyers warning that "the lion will soon be catching up with any sick zebras" has come back to bite him, the FWC finding that he unfairly dismissed a senior associate given two weeks' notice for allegedly threatening legal action.
An FWC full bench has granted permission to appeal the sacking by resources giant FMG of an employee just one week into a six-week performance improvement plan (PIP), but has cautioned against interpreting its ruling as suggesting that employers must always see such processes through to the end.
The FWC has ruled that an organisation's failure to provide notice to a poorly-performing finance manager rendered her dismissal unfair, but has refused to order compensation because she "deliberately deceived" it about her qualifications.
"No human resources specialist would have recommended" the manner in which a company dismissed a worker after his "appalling conduct" when he swore in a vulgar way at his boss, the FWC has found.
An FWC full bench has ruled that when an employer dismisses a worker, it must give notice of the time when it takes effect, or an "ascertainable" date, finding that an organisation failed to meet statutory obligations when it informed an employee he would be sacked on the completion of dispute processes under its enterprise agreement.
A Catholic school teacher sacked after being charged with indecent assault, of which he was later acquitted, has been reinstated after the FWC rejected the Sydney Archdiocese's argument that his automatic loss of clearance to work with children frustrated his employment.
The FWC has endorsed an ASU member’s dismissal for breaching his employer’s "respectful conduct" policy with his repeated aggressive and disrespectful behaviour towards its chief operating officer during bargaining for a new agreement.
A worker who partly blamed his two-years late unfair dismissal claim on a police investigation into alleged death threats he made after his sacking has failed to win an extension of time.
A court has awarded a professional employee almost $425,000 in damages for the repudiation of his employment contract by accountancy firm Crowe Horwath.
