A casual sales assistant who secretly recorded disciplinary meetings leading up to her dismissal has on her fifth turn before the FWC been awarded $4500 compensation.
A 64-year-old BlueScope worker sacked for mishandling a 13-tonne coil has failed to win his job back, after a full Federal Court majority found a FWC bench did not go beyond its powers to halt his reinstatement.
A FWC member made an error when she refused to admit medical evidence from a worker to "protect" him from breaching State workplace injury laws around unauthorised use of information, a full bench has ruled.
A presidential member denied an unfair dismissal applicant a fair hearing when he threw out his case for want of prosecution without a formal request from the employer, a FWC full bench has ruled.
In a significant decision on FWC powers, a full bench has found the tribunal could not force a labour hire company to reinstate a worker to his former job at client Carlton United Breweries, given the beer giant was contractually entitled to order his removal.
Observing that "you can only 'lead a horse to water' so many times", the FWC has after nearly a year dismissed what it described as a former university employee's largely incompetent unlawful dismissal claim.
An FWC full bench has found that a presidential member "Illogically" followed his ruling that a worker might not have been dismissed if fairly treated by calculating he would have worked just three more weeks if afforded due process.
An FWC full bench has clarified the preconditions for employers being granted legal representation, rejecting a presidential member's opinion that jurisdictional questions are inherently complex and dismissing "bare assertions" about an HR team's incapacity to contest a case.
An FWC senior member who considered a bus driver's submissions on procedural fairness to be "unduly pernickety" wrongly found he was properly notified and had a chance to respond, but a full bench has upheld his sacking.
