FWC members in NSW have suggested that a pilot program in the State that accelerates unfair dismissal claims has generated a rise in reinstatements, a senior tribunal member told a conference on the weekend.
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.
The Federal Circuit Court has rejected a highly-paid employee's claim that a media business engaged in misleading and deceptive conduct when it told her that if she won a role with the company it would be "long term".
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.
The FWC has accepted that BHP Billiton's sacking of a worker who raised his safety visor to get a better look at an exploding smelter at a uranium mine was justified but harsh, stopping short of reinstatement, though, because of the company's "rational" loss of trust and confidence in him.
An FWC full bench has quashed a ruling that upheld Woolworths' sacking of a petrol station employee for failing to follow its armed hold-up protocol when he refused to hand over money and cigarettes to an unarmed but "difficult" customer.
