Appeals page 18 of 26

260 articles are classified in All Articles > Termination of employment > Appeals


Bench orders re-determination of safety sacking

An FWC full bench has ordered a re-examination of the sacking of a worker for his "nonchalance" towards OHS obligations, lack of contrition after a workplace mishap and failure to wear safety glasses.

Bench quashes costs order against worker's representative

An FWC full bench has quashed an order requiring a worker's representative, due to his unreasonable acts or omissions, to pay more than $11,000 of the employer's costs in an unfair dismissal case.

Dispute pushed worker beyond qualifying period

The FWC had found that an unresolved dispute extended a worker's employment beyond the six month qualifying period for protection from unfair dismissal.


Transit officer unfairly sacked over capsicum spray

Sacking a transit officer for "excessive force" when he used capsicum spray on a threatening 12-year-old boy was unfair because the employer should have considered demoting him instead, a tribunal has found.


Retrenchments not genuine: FWC

The FWC has reinstated four workers after finding they were not "genuinely redundant" and that their employer took an "unduly hasty and largely tokenistic" approach to meeting its consultation and redeployment obligations.

Rail worker back onboard after sacking for fraud

The FWC has reinstated a Metro Trains Melbourne station officer after finding no justification for her sacking over fraudulent transactions on the Myki smartcard ticketing system.

Bench to examine employment abandonment clauses

FWC President Iain Ross has asked a full bench to review abandonment of employment clauses in six modern awards after a recent ruling that employers must take the "additional step" of ending the employment relationship when a worker walks off the job.

Employer failed to give HR officer chance to improve: FWC

The FWC has found the sacking of an HR officer for underperformance was an unfair fait accompli, determining that she was given inadequate opportunities to improve and insufficient notice that her job was in peril.