Appeals page 15 of 26

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


Court returns keys to twice-sacked prison officer

A prison officer effectively sacked twice after pleading guilty to assaulting three inmates has again won his job back, an appeal court finding that the IR commissioner who originally reinstated him had correctly focused on what is fair and just, rather than "the reputation of the government".


Redundant geoscientist to return to FWC after alternative role unearthed

A geoscientist made redundant after almost two decades with the same company has been given a second chance to argue he was unfairly dismissed after a full bench found his former employer potentially led a Commission member into error when asserting there were no alternative positions available.

Bench draws "fine" line on misconduct in abusive mineworker case

In a closely-watched dismissal case contemplating how much weight should be attached to mitigating factors, an FWC majority full bench has reinstated a worker sacked for his foul abuse and threats to colleagues via text messages and phone calls while drunk.

Covering for director's absence costs PA her job

The FWC has upheld the sacking of a personal assistant who became entangled in a company power play, finding that her employer's belief that she lied to cover a director's tardiness satisfied the requirements of the small business code.

Expert evidence undermined Rio's case: Bench

Confusing evidence from Rio Tinto experts might have contributed to a senior FWC member incorrectly assessing the number of safety breaches committed by a dismissed mechanic, a Commission full bench has found.

FWC slams HR department's "entrapment"

The Fair Work Commission has sought to better delineate the law around so-called constructive dismissals, in a case in which it lambasted a multinational company's HR department for overseeing a process it likened to "entrapment".

Flawed HR investigation did not exonerate sacked worker: Bench

An FWC full bench majority has refused to accept that an employer's flawed investigation process, coupled with uncharacteristic behaviour purportedly sparked by mixing medication and alcohol, excused a coal miner sacked over profanity-laced threats to co-workers.


Full bench authority on inherent requirements "plainly wrong": Ross

An FWC full bench led by President Iain Ross has sent a powerful signal to members to back their own judgement in inherent requirements cases where there is conflicting medical evidence, describing a previous full bench decision ceding the final say to employers as "plainly wrong".