Appeals page 23 of 26

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


Train driver sacked for safety breaches gets job back

Pacific National has been ordered to reinstate a train driver, after the FWC uncovered flaws in its investigation before it sacked him for speeding and leaving his co-driver behind while she took a trackside toilet break.

Unfair dismissal round-up: Morning sickness justifies extending time; and more

Morning sickness justifies extending time; Legal representation granted in drug test dismissal case; Constructive dismissal by phone justified after vehicle log book failure; Refusal to accept a large settlement not unreasonable, says FWC; and "Informal chat" insufficient consultation for horse trainer redundancy.




Full bench confirms defence personnel not "employees"

A full bench of the Federal Court has confirmed the common law definition of "employee" as it applies to defence personnel after an enlisted serviceperson unsuccessfully argued the Commonwealth had discriminated against him when it took adverse action and sacked him for being HIV positive.

Miscarriage no excuse for late lodgement; Cleaners strike in Canberra; and more

Cleaners strike in Parliament bathrooms to support pay claim; Miscarriage not reason enough for an extension of time; Lunching security guard unfairly dismissed; Accountant's sacking fair in "highly unusual" case; High Court to hear unions challenge to offshore visas; and Bechtel clarifies position on leave approval.


Appeal court rules on annual leave payouts

A full Federal Court has confirmed that annual leave owed to workers on termination of employment must be paid out at the same rate they would have received had they taken it while still working.

Bench makes crucial ruling on child-related employment

An FWC full bench has ruled that a Catholic school religious education coordinator charged with criminal offences wasn't dismissed, because child protection legislation rendered "impermissible" his continued employment.