Appeals page 1 of 19

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


FWC bench spells out prerequisites for legal representation

An FWC full bench has clarified the preconditions for employers being granted legal representation, rejecting a presidential member's opinion that jurisdictional questions are inherently complex and dismissing "bare assertions" about an HR team's incapacity to contest a case.

Bench upholds dismissal, but corrects member's findings

An FWC senior member who considered a bus driver's submissions on procedural fairness to be "unduly pernickety" wrongly found he was properly notified and had a chance to respond, but a full bench has upheld his sacking.

FWC bench didn't "grapple" with conflicting terms: Full court

An FWC bench led by President Iain Ross "made no attempt" to analyse how model and agreement redundancy terms would operate in conjunction when assessing whether 21 seafarers had been fairly dismissed, a full Federal Court has found.

Court overturns executive's $1 million payout after HR stoush

A company forced to reinstate a senior executive sacked more than three years ago after a stoush with a HR manager has successfully appealed, with the Federal Court to redetermine his adverse action case if not resolved at mediation.

Policy left employer with no choice but to sack worker: Bench

A SA youth worker sacked after he was deemed "psychologically unsuitable" has failed to overturn a finding that his employer had no option because of the job's inherent requirement that he pass the psychometric test.

Tribunal head vents over member's "imprecise" decision

A tribunal head has taken the unusual step of critiquing a member's "imprecise" decision that required an appeal bench to review evidence to identify the reasoning behind his findings.

Casuals' hours need not be predictable to be regular: Bench

An FWC full bench has emphasised that the pattern of a casual's hours need not be consistent or predictable for their work to be regular and systematic, clearing the way for a full-time worker first engaged as a casual to file an unfair dismissal claim.


Police officer's side hustle reason to lose confidence: Bench

A tribunal full bench has upheld a former senior constable's removal from the force after he become embroiled in criminal and integrity matters arising from his involvement in a bakery business, finding the police commissioner entitled to lose confidence in his honesty.

"If only her solicitor had been as diligent": Bench

An FWC bench has on the basis of representative error allowed a late unfair dismissal application after noting how thoroughly the employee pursued her claim, remarking "if only her solicitor had been as diligent".