Browsing: Remedy


Scientist's "infrequent error" sacking justified: FWC

In a decision weighing how close to "perfection" an employee's standards need to be, the FWC has upheld the sacking of an experienced scientist accused of "manipulating" data for a single BHP soil sample among thousands he helped test.


Sacked for breach of non-existent policy: FWC

A large childcare operator has been ordered to pay more than $8000 compensation to a sacked worker falsely accused of telling a parent about her tenuous visa status in supposed breach of a company policy found by the FWC to impose no constraint on such interactions.


Employer too quick to pull trigger over drug result: FWC

The FWC has awarded $20,000 to an on-hire mineworker sacked after testing positive for anti-depressants, finding that more consideration should have been given to his "genuine misunderstanding" of the host's new drug policy.


Worker pays price for labour supplier's "remarkable" acquiescence

The removal of a long-serving on-hire worker on her host's instruction after she mislabelled two boxes amounted to an unfair dismissal but the FWC has "reluctantly" declined to order compensation despite the labour supplier's failure to "go into bat" for her.


Worker not bullied after $284K "false entry": Court

An asset management company breached the employment contract of an analyst accused of making a fictitious manual entry of more than $284,000, but did not subject her to adverse action after alleging its leaders bullied her, a court has held.


Dance instructor's sacking a costly misstep

A dance instructor's refusal to take out the rubbish did not justify his sacking, the FWC has held, while his visa status has contributed to a finding of harshness.


Bench weighs in on "inadvertent" policy breaches

Virgin Australia has failed to reverse the reinstatement of a flight attendant sacked for drinking a glass of prosecco within eight hours of a shift, and further accused of breaching its fatigue management policy by having s-x after requesting a shift change due to tiredness.


Union legal team's decision to drop case "a disgrace": FWC

A FWC presidential member has lambasted a union's legal team for leaving an illiterate member "high and dry" when deciding not to pursue a "more than arguable" dismissal challenge that ultimately led to reinstatement with full backpay.


Psychiatric impact of botched dismissals risks damages: High Court

UPDATED A High Court majority has clarified that a 115-year-old UK House of Lords decision does not bar the recovery of damages for botched sackings, restoring the award of $1.44 million to a consultant unable to work since his "sham" dismissal in 2015.


"Materially involved" question jeopardises $1.5M payout

A Federal Court judge has cast doubt over a manager's $1.5 million adverse action payout in a ruling highlighting the difficulty in establishing who in large corporations ultimately makes the decision to dismiss an employee.


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