A worker accused of flying into a fit of rage and damaging a room during a disciplinary meeting can challenge his sacking, after the FWC held it took effect when he received the dismissal letter via registered post, not when it was emailed or relayed by a TWU organiser.
The FWC has upheld the dismissal of an "intransigent" sales employee who declined on "medical" grounds to comply with her employer's lawful and reasonable direction to supply a urine sample for a random drug and alcohol test.
A nurse sacked over her morbid obesity and unfitness to perform duties has won reinstatement and nearly three years' backpay, but a tribunal says she might not sufficiently recover from health setbacks caused by her lengthy suspension and wrongful dismissal.
Coles has failed to win more than $25,000 costs sought against an experienced Indian lawyer who unsuccessfully spent almost two years trying to challenge his sacking from one of its supermarkets while qualifying to practice in Australia.
The FWC has awarded compensation to a sacked childcare worker after noting the "disturbing" failure of a company's HR department to inform the chief executive of protections for employees forced to take time off due to illness or injury.
A tribunal has awarded $3000 for injury to the feelings of a worker who changed careers as a result of her employer's threats when it "callously" dismissed her, then locked her out.
A criminal lawyer has succeeded in overturning findings that he unfairly sacked a solicitor and practice manager he accused of "insubordination" and "sabotage", a FWC bench ruling that a tribunal member was too dismissive of his explanation for missing a hearing.
An employer will get another chance to argue that it did not dismiss a worker after a four-member FWC bench determined that the company's jurisdictional objection should not have been decided on the papers.
The FWC has allowed a delivery driver's late unfair dismissal application to proceed after finding that his adult children kept news of his sacking from him over health concerns while he completed two weeks' hotel quarantine.
The FWC will allow a legal firm that provides IR advice to lawyer-up against a self-represented junior solicitor with no post-admission experience who claims to be in a "David and Goliath" situation as he seeks to challenge his dismissal.
