Remedy page 6 of 45

445 articles are classified in All Articles > Termination of employment > Remedy


Lying not enough to justify sacking: Umpire

In considering the case of a worker sacked for failing to tell his employer about his licence suspension and then lying about it, a NSW IRC member has found that his length of service "'cuts both ways' – the longer an employee’s period of service, the more they can be expected to be aware of the conduct expected of them by their employer".

Reinstatement ordered after employer's "confected" allegations

The FWC has ordered the reinstatement of a construction worker sacked on the basis of a clutch of "confected" claims that included alleged commuting challenges after losing his driver's licence and his purported concealment of firearms and pornography charges.

Bench rules pay below high-income threshold

A FWC full bench has dismissed an "unusual" unfair dismissal jurisdictional appeal, finding that a worker who took a pay cut due to his employer's financial struggles fell below the high income cap despite the company arguing that the Commission's compensation order proved his pay exceeded the threshold.

Employer got rest rules wrong: FWC

A flight attendant sacked from a Sydney billionaire's private jet for refusing to change hotels before a flight from LA has won compensation, after the FWC found the employer wrongly applied pilots' rest rules and subjected her to an unreasonable order given the time it took her to shop for food for passengers and crew on the long-haul flight.


Rail worker sacked after drinking Johnnie Walker gets job back

The FWC has reinstated a Queensland rail worker sacked for breaching the organisation's zero alcohol policy when he blew 0.025 in a random workplace alcohol breath test, finding the dismissal harsh because of his unblemished 39-year tenure, his age and limited education.

Worker sacked for "racist" comments compensated

The FWC has compensated a worker sacked for making "racist" comments, finding her employer's handling of her dismissal "appalling" and that it had been "very unfair to label her a racist person".

Mineworker sacked for throat-cutting threat gets job back

The FWC has reinstated a mineworker sacked by a Yancoal subsidiary for aggressive and threatening behaviour in which he threatened to cut a co-worker's throat, finding the dismissal harsh because of his unblemished 12-year tenure, his remorse and his PTSD.

FWC trashes waste giant's "callous" sacking

The FWC has ordered a worker's reinstatement and criticised his employer for its "severely flawed" dismissal process after it used a traffic violation as a "golden opportunity" to dismiss him for riling management by engaging in "covert" and "unlawful" industrial action.

Bench brings sacked flight attendant back to earth

A senior Virgin flight attendant has had her reinstatement overturned after a FWC full bench comprehensively picked apart a finding that procedural fairness deficiencies rendered her sacking for misconduct unfair.