Appeals page 24 of 26

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


Unfair dismissal round-up: Employer denied lawyer; and more

Employer can "effectively represent itself"; It's peculiar: Bench overrules refusal of name change; Employer pays for hitting snooze on investigation; Dating a no-no on employer phone, says FWC; and Hairdresser's evidence doesn't cut it.


Bench spikes challenge from sacked Qantas pilot

A FWC full bench has rejected a sacked Qantas pilot's argument that spiking of his drink meant he couldn't be held responsible for s-xually assaulting a female flight crew member during a stopover in Chile.

Reinstatement must be unconditional: Full bench

In its first full bench examination of the Fair Work Act's reinstatement provisions, the FWC has ruled it has no power to attach conditions to orders returning dismissed workers to their jobs.

Prisoner unable to perform his job: Full bench

In a decision that considers the relevance to his employment of a public servant's conduct outside working hours, a Fair Work Commission full bench has ruled that the ATO had a valid reason to dismiss him because his incarceration meant he couldn't carry out his role.

Full bench overturns "clearly inadequate" compensation

A senior Fair Work Commission full bench has ruled that when assessing compensation in an unfair dismissal case, the tribunal needs "cogent evidence" to find that an employee would have been summarily sacked within a short period if the original termination of employment had not occurred.

Deliberate dishonesty justified instant dismissal: Federal Court

A five-member bench of the Federal Court has ruled that a company was entitled to summarily dismiss an executive employee for serious misconduct that destroyed the relationship of trust between them, even though it had moved earlier to terminate his employment on six months' notice.

Unsworn evidence denied employer natural justice: Bench

A Fair Work Commission member denied an employer procedural fairness when he allowed a self-represented unfair dismissal applicant to escape cross examination by giving unsworn evidence from the bar table, a full bench has ruled.

FWC rejects second reinstatement bid

An unfairly dismissed Catholic school teacher who successfully argued before a Fair Work Commission full bench that a tribunal member failed to give sufficient consideration to reinstatement options has again missed out on getting her job back.