A tribunal member "counter-intuitively" refused to award compensation to an unfairly dismissed employee after failing to assess financial loss and wrongly asserting that she had admitted to competing priorities, an FWC full bench has found.
An FWC full bench has allowed a casual worker to claim unfair dismissal after finding a senior tribunal member wrongly focussed on her irregular "pattern" of days and hours in holding she had not met the minimum employment period.
A casual Coles employee who worked his last shift in 2014 due to injury has been given the all-clear to pursue a general protections claim after an FWC full bench found he lodged his application within 21 days of his effective dismissal four years later.
A CommSec manager sacked for breaching 'Banking 101' procedures has been denied a second hearing of her unfair dismissal claim on appeal grounds declared "trivial and spurious" by an FWC full bench.
A shipping company facing multiple challenges to alleged redundancies is seeking to quash an FWC full bench finding that a model consultation term does not override obligations under its agreement.
A senior FWC member has sought to contain the fall-out from a full bench decision recommending those conciliating a matter should automatically cease arbitrating it if a party objects, observing that simply sending an email citing the case does not guarantee success for such requests.
The AWU will argue that a senior FWC member failed to factor in the "true nature and effect" of a BP technician's Hitler parody video in its appeal against her decision upholding his sacking.
The self-described former general manager of a "car solutions" company has been given another opportunity to pursue an adverse action claim after the Federal Court found a lower court judge denied him a procedurally fair hearing while also ordering he pay unsought legal costs.
A casual worker has won a second chance to contest his dismissal after a full FWC bench found a tribunal member did not treat him justly when failing to conduct a hearing or conference to consider disputed facts.
An FWC full bench has thrown out a $40,000 compensation order made against an employer found to have unfairly dismissed a worker, ruling that a senior member erred in failing to categorise it as a small business.