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"Appalling" dismissal fails small business code

A sales assistant summarily dismissed for alleged theft has been awarded nearly $30,000 after the Fair Work Commission found no justification for her employer's "inexcusable" behaviour in sacking her and reporting her to the police.

Senior public official loses breach of contract case

A state government that lost confidence in its mining warden did not breach his employment contract when it removed him from office, nor did it contravene trade practices laws when it originally offered him the role, a court has ruled.

Serco loses major redundancy exemption case

Serco Sodexo Defence Services Pty Ltd has failed to convince the Fair Work Commission it obtained employment for the vast bulk of its workforce when it lost its Defence Department contracts last year, and now faces a hefty redundancy bill for the hundreds of employees who found jobs with the new contractors.

Workers who breached safety rules get jobs back

Two mineworkers sacked for breaching "lifesaving" rules at a mine owned and operated by BHP Coal have been reinstated after the Fair Work Commission found their dismissals disproportionate and inconsistent.

Different standard for supervisor in porn reinstatement ruling

An Australia Post supervisor found to have been unfairly dismissed for emailing pornography on the organisation's system has lost his reinstatement bid, with a Fair Work Commission full bench holding it reasonable to expect higher standards from him than from his more junior co-workers who won their jobs back.

Docks culture laid bare in MUA delegate's failed bid to regain job

Stevedoring giant DP World was entitled to summarily dismiss an MUA delegate who called a colleague a "f--king lagger" and instructed another worker to lie in a related investigation, and the sacking did not amount to adverse action, the Federal Court has ruled today.


Unsworn evidence denied employer natural justice: Bench

A Fair Work Commission member denied an employer procedural fairness when he allowed a self-represented unfair dismissal applicant to escape cross examination by giving unsworn evidence from the bar table, a full bench has ruled.

Rocky road for employer after FWC rules against relocation

A confectionery company's direction to its production workers to shift their jobs 34km across Sydney's southern suburbs breached their rights under their enterprise agreements and employment contracts, a FWC full bench has ruled today.

Summary dismissal in the eye of the beholder: Court

The NSW Supreme Court has ruled that the ANZ Bank did not need to prove that an executive leaked a doctored email to the media before sacking him without notice, only that it had formed the "opinion" that he had.