In a significant ruling on dismissals deemed harsh by the FWC, a full bench has endorsed the "unorthodox" approach taken by a member who ordered the reinstatement of a forklift driver who breached an employer's "no mobile phones" policy.
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.
The FWC has distinguished between "regular" industrial protests and those likely to attract "public outrage" during pandemic restrictions in finding a crane company entitled to sack an operator who attended a violent anti-vax rally outside CFMMEU offices in Melbourne.
A prison guard who nodded off during shifts has won his job back after a tribunal found proper account had not been taken of his previously undiagnosed sleep apnea and that his dismissal was affected by a "procedural muddle" featuring two decision-makers reaching different conclusions.
An engineer has won more than $20,000 compensation after the FWC criticised his former employer for its "ham-fisted" attempt at performance management.
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.
An FWC full bench has quashed a decision to compensate a union delegate unfairly sacked by Simplot a year ago and instead ordered it to reinstate him, holding a senior member weighed irrelevant considerations in deciding not to give him his job back.
A former ETU official is suing over his expulsion from the union for credit card misuse and refusing to apologise for an alleged assault, claiming discrimination on the basis of his gambling addiction and that the matters had already been finalised under the branch's previous leadership.
The FWC has ordered a chief executive to compensate his ex-wife $27,000 for unfairly sacking her from their start-up, finding he used the COVID-19 downturn to "disguise" her dismissal as a redundancy soon after they separated.
A medical recruiter that sacked a manager over an "under-investigated suspicion" he took confidential information from its database must compensate him after the FWC found it was so focused on building a Supreme Court case it failed to provide procedural fairness.