Browsing: Case law | Page 89 (1,711 items)


FWC "misconstrued" approach to general protections cases: Full court

In a significant decision unsettling the FWC's approach to general protections applications, a full Federal Court has ruled that a Commission bench "misconstrued" limitations on the tribunal's powers to first establish whether workers have been dismissed before considering such matters.




Prison officer's "takedown" not excessive: Bench

A prison officer has successfully challenged a finding that he was fairly dismissed for using excessive force on a prisoner with a psychiatric illness, an FWC full bench holding that Victoria's Department of Justice lacked a valid reason.


Costs a matter of interpretation: Court

A labour hire company has failed to win costs against an unrepresented worker who pursued his unfair dismissal claim through four adverse findings in the FWC and Federal Court, a judge ruling that the employer didn't help its cause by declining to provide an interpreter and by filing confusing and irrelevant material.


Multiple misconduct incidents justify dismissal: FWC

A bus driver who replied to a customer complaint by writing "f--k off I know nothing" on his employer's response form did not commit serious misconduct justifying instant dismissal, but his hampering of other employees performing business-critical tasks warranted his sacking, the FWC has found.


Worker seeking to maintain JobKeeper cleared to challenge sacking

A casual waitress who filed an unfair sacking claim almost 50 days after her employer sent her a dismissal letter and removed her from JobKeeper does not need an extension as she was unaware of the development, the FWC has held.





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