A FWC member incorrectly apportioned the burden of proof and applied the wrong test for "reasonable" self-defence in ordering reinstatement of a train driver sacked after fighting with a stranger on a station concourse, a full bench has found.
The FWC has held that a $1200 professional association membership is a not a non-monetary benefit that counts towards the high-income threshold for unfair dismissal claims.
The FWC has thrown out a cafe's argument that a worker who performed a single paid "trial shift" had not yet been engaged and could not bring a general protections case against it.
The FWC has offered a worker a week to consider his possible reinstatement, finding that his employer unfairly dismissed him for a low-speed wheelie-bin collision.
A worker sacked for sleeping on the job will have another shot at getting his job back after a full bench found a senior member failed to put him on notice that he considered reinstatement inappropriate and reached an "unsound" conclusion that the employer had a valid reason.
A signage company that sacked a worker via its director telling him to "get the f-ck out of my life" has failed to convince the FWC of its "extraordinary proposal" to spread his compensation payments over three and a half years.
A major employer's disciplinary process leading to a worker's dismissal featured "significant deficiencies" despite the oversight of an IR specialist, the FWC has found.
The FWC has upheld the sacking of a Coca Cola regional technician who deliberately set the cruise control on his work van above the speed limit and repeatedly overshot it by up to 18km, rejecting claims about the alleged inaccuracy of the employer's monitoring technology.
