Appeals page 1 of 15

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


Senior FWC member resists bench's recusal advice

A senior FWC member has sought to contain the fall-out from a full bench decision recommending those conciliating a matter should automatically cease arbitrating it if a party objects, observing that simply sending an email citing the case does not guarantee success for such requests.

Union to appeal dismissal over Hitler parody video

The AWU will argue that a senior FWC member failed to factor in the "true nature and effect" of a BP technician's Hitler parody video in its appeal against her decision upholding his sacking.

Adverse action case revived after judge jumps gun on costs

The self-described former general manager of a "car solutions" company has been given another opportunity to pursue an adverse action claim after the Federal Court found a lower court judge denied him a procedurally fair hearing while also ordering he pay unsought legal costs.


Compensation based on "barest of evidence": FWC bench

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.

"Fairness" issue sees crane driver's reinstatement suspended

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.



Member wrongly divined Chinese company's "sinister" motive: Bench

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.

Tribunal member's questions leading, but not unfair: Bench

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.