A casual worker has won a second chance to contest his dismissal after a full FWC bench found a tribunal member did not treat him justly when failing to conduct a hearing or conference to consider disputed facts.
An FWC full bench has thrown out a $40,000 compensation order made against an employer found to have unfairly dismissed a worker, ruling that a senior member erred in failing to categorise it as a small business.
BlueScope Steel has won a stay on orders to reinstate a veteran crane operator sacked after his third safety breach, with an FWC full bench to consider whether a member unfairly relied on his experience of its "proactive" disciplinary approach.
An FWC member hearing a jurisdictional objection in an unfair dismissal case wrongly ruled that he should automatically exclude video evidence that he found had been unlawfully obtained, a full bench has ruled today.
Quashing a finding that an airline unfairly dismissed a sales manager who refused to relocate to Beijing after breaching luggage security, an FWC full bench says a tribunal member wrongly ascribed a "sinister" motive to his transfer.
An FWC full bench has cleared the way for a commissioner to redetermine an employer's objections that a worker allegedly sacked when a stranger handed her an unmarked envelope at her home did not qualify for unfair dismissal protection because it should be deemed a small business.
The FWC has stymied a company director's unfair dismissal claim for a second time, after a fresh hearing affirmed his car allowance and other benefits put his earnings beyond the high income threshold.
An FWC member was "clearly wrong" in concluding a university maintenance worker's threatening behaviour that included driving dangerously on campus fell short of that relied upon by his employer for dismissal, a full bench declared in overturning her finding of harshness.