Two mineworkers sacked for breaching "lifesaving" rules at a mine owned and operated by BHP Coal have been reinstated after the Fair Work Commission found their dismissals disproportionate and inconsistent.
Full bench in test case on casual qualifying period; Cooling-off for unfair dismissal settlement recognised; No extension of time for employee who evaded retrenchment notice.
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.
A retail chain could have avoided unfairly sacking a strongly performing store manager for refusing a substantial pay cut if it had utilised its in-house HR expertise, the Fair Work Commission has found.
An ATO manager's conviction for indecency against a minor constituted a breach of the APS code of conduct that justified his dismissal, the Fair Work Commission has ruled.
A FWC full bench has ruled that in assessing whether reinstatement is appropriate in an unfair dismissal case, the tribunal should not take into account any ill-will arising from continuing legal proceedings between an employee and an employer.
Two council workers who were sacked after visiting the same TAB during working hours have met markedly different fates, with one winning his job back and the other losing his unfair dismissal case.
The High Court will decide next Thursday whether BHP Coal took adverse action against a mineworker when it sacked him for holding up an anti-"scab" sign at a picket in Queensland's Bowen Basin in 2012.
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.
A corrections officer who failed to properly engage with her employer's attempts to assess her fitness to return to work was not unfairly dismissed, the Fair Work Commission has ruled.
