The Federal Court has ordered a case be retried after finding the chair and temporary chief executive of a large charity were not afforded a chance to properly challenge a ruling that they conspired to oust a problematic finance team member caught up in divisive internal politics.
The NSW IRC has upheld the sacking of a prison officer who assaulted a colleague outside work, observing that the victim's evidence should not be "impugned" just because she remained in an abusive relationship.
In a significant decision regarding the statutory meaning of "dismissed", a five-member FWC bench majority has ruled that an employer did not sack a worker when it shaved almost 10% off his annual pay for disciplinary reasons.
The Federal Court has rejected a law firm's attempt to stay payment of compensation awarded to a junior solicitor, the judge finding he is "entitled to the fruits of his victory" while the judgment is appealed.
A four-member FWC full bench has overturned the reinstatement of a long-serving train driver sacked after he divulged he faced criminal charges for high-range drink driving, ruling that a presidential member failed to properly consider the connection between his out-of-hours conduct and his safety-critical job.
In an important ruling on the NSW IRC's jurisdictional powers, the High Court has found that a since-repealed provision did not prevent the State tribunal considering a police officer's unfair dismissal case that challenged his forced retirement on medical grounds.
For the second time in a month a FWC full bench has turned its mind to the fundamental question of the point at which a worker has been dismissed, overturning a decision that did not properly consider a disputed contract.
The AAT has accused the Attorney-General's Department of "studied ambiguity" in finding it mistakenly denied a worker up to $23,600 under the FEG scheme because his insolvent employer neglected to contribute to an industry entitlements fund.
A full Federal Court has dismissed an on-hire worker's bid to overturn a FWC ruling that it could not force a labour hire company to reinstate him to his former job at client CUB, upholding the tribunal's finding giving primacy to the host employer's right to determine who it allowed on its site.
