A FWC full bench has ruled that in assessing whether reinstatement is appropriate in an unfair dismissal case, the tribunal should not take into account any ill-will arising from continuing legal proceedings between an employee and an employer.
The CEPU's delay in raising a jurisdictional objection has thwarted its bid to recoup legal costs from an employee who pursued an unfair dismissal claim despite earning more than the salary cap.
Four senior financial employees who argued a misrepresented retention rewards scheme induced them to stay with St George Bank during its merger with Westpac, which then retrenched them, have failed in their primary Federal Court action against the merged bank.
Two council workers who were sacked after visiting the same TAB during working hours have met markedly different fates, with one winning his job back and the other losing his unfair dismissal case.
Target has enough HR staff to not need legal representation; Data upload difficulties lead to time extension; Mental health provider given go-ahead to employ ATSI people only; Biggest ever electronic ballot gets go-ahead for DHS; and Former retail group head facing fraud charges.
A hotel management company that took unlawful adverse action when it stopped giving shifts to a casual bartender who complained of being underpaid has been ordered to pay $11,000 compensation, including a sum for distress, hurt, and humiliation.
A sacked St John Ambulance office manager who argued she breached workplace policies and procedures - including by hiring unaccredited trainers - in good faith and to meet an "urgent demand" for first aid training from the WA mining sector has failed in her common law damages claim.
An unfairly dismissed Catholic school teacher who successfully argued before a Fair Work Commission full bench that a tribunal member failed to give sufficient consideration to reinstatement options has again missed out on getting her job back.
The Fair Work Commission has rejected Patricks' bid for orders requiring five workers - and their solicitor - to provide security for costs of up to $25,000 each prior to their unfair dismissal claims being heard.
Global smelting company Nyrstar had a valid reason to sack two workers for a history of bullying behaviour, but its failure to deal with the conduct over a long period and to put specific allegations to them meant the dismissals were unfair, the FWC has ruled.
