BlueScope Steel has won a stay on orders to reinstate a veteran crane operator sacked after his third safety breach, with an FWC full bench to consider whether a member unfairly relied on his experience of its "proactive" disciplinary approach.
A council security guard ruled to have been fairly dismissed may have achieved a different outcome if he had been allowed legal representation, an FWC bench has found.
An FWC member hearing a jurisdictional objection in an unfair dismissal case wrongly ruled that he should automatically exclude video evidence that he found had been unlawfully obtained, a full bench has ruled today.
Quashing a finding that an airline unfairly dismissed a sales manager who refused to relocate to Beijing after breaching luggage security, an FWC full bench says a tribunal member wrongly ascribed a "sinister" motive to his transfer.
An FWC full bench has cleared the way for a commissioner to redetermine an employer's objections that a worker allegedly sacked when a stranger handed her an unmarked envelope at her home did not qualify for unfair dismissal protection because it should be deemed a small business.
The FWC has stymied a company director's unfair dismissal claim for a second time, after a fresh hearing affirmed his car allowance and other benefits put his earnings beyond the high income threshold.
A former Esso union delegate who was found to be unfairly dismissed for calling a co-worker a "f___ing scab" has failed to convince an FWC Full Bench that he should be reinstated.
An FWC member was "clearly wrong" in concluding a university maintenance worker's threatening behaviour that included driving dangerously on campus fell short of that relied upon by his employer for dismissal, a full bench declared in overturning her finding of harshness.
An FWC full bench has upbraided a member for "inviting" an employer to seek to strike out an unfair dismissal claim after the employee failed to follow directions, holding that he didn't meet deadlines due to his baby son's medical condition, which required heart surgery.
A Qantas flight attendant has failed in his second chance to have an FWC full bench overturn his dismissal for downing 14 standard drinks at a New York bar, rendering himself unfit for duty the following day.
