Browsing: Remedy




UK bill seeks unfair dismissal protection from "day one"

A new UK bill introduced by the Starmer Labour Government seeks to reduce the qualifying period for protection from unfair dismissal from two years to an employee's first day of work, although employers will potentially have an initial nine months in which to sack those "not right for the job".


FWC rejects year-long compensation payment plan

Drawing on limited legislative guidance and case law on instalment payments, the FWC has ordered an employer to split a $30,000 compensation payment over two months rather than the 12 it sought, finding the worker entitled to the "fruits" of his claim "in a timely manner".


College's "restructure" fails FWC test

A training college must pay more than $8000 to an accounts manager reputedly made redundant in anticipation of laws restricting international student numbers that never passed.


Council loses medicinal cannabis appeal

A FWC full bench has reinforced that a member did not expressly condemn using medicinal marijuana for pain management in a safety-critical role because it was not relevant to considering whether a council harshly sacked a worker who switched prescriptions to one containing THC.


Compensation for teacher who lost "only job he ever had"

The FWC has ordered former IR Minister and Opposition Leader Bill Shorten's alma mater Xavier College to pay a teacher $14,000 for his unfair dismissal, ruling it harsh because he had never held another job and his messy desk, late marking and poor interactions with his colleagues did not justify his axing after 21 years of service.


Unresponsive employer hit for $18K

In a decision illustrating the challenges of conducting cases involving remote Indigenous employers, the FWC has awarded $18,000 to a sacked chief executive after failing to engage the respondent in proceedings despite 14 phone calls, numerous emails and five notices sent by express post.


$380K for nurse who challenged race favouritism

An aged care home has been ordered to pay almost $400,000 in damages and penalties to a Chinese nurse summarily sacked after she complained that Filipino co-workers received more favorable treatment.


HR involvement had "adverse" impact: FWC

The Fair Work Act's compensation cap has operated inequitably to allow Guzman y Gomez to "benefit from its poor treatment" of a hard-working casual denied shifts while a HR manager maintained she remained employed, a senior FWC member has found.


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