A FWC member incorrectly apportioned the burden of proof and applied the wrong test for "reasonable" self-defence in ordering reinstatement of a train driver sacked after fighting with a stranger on a station concourse, a full bench has found.
The FWC might refer a "regrettable, expensive and damaging episode" to the South Australian Correctional Services Department, after it failed to allow a worker on remand to contact his employer, and the employer dismissed him for failing to attend work.
The FWC has held that a $1200 professional association membership is a not a non-monetary benefit that counts towards the high-income threshold for unfair dismissal claims.
The FWC has thrown out a cafe's argument that a worker who performed a single paid "trial shift" had not yet been engaged and could not bring a general protections case against it.
The FWC has offered a worker a week to consider his possible reinstatement, finding that his employer unfairly dismissed him for a low-speed wheelie-bin collision.
A worker sacked for sleeping on the job will have another shot at getting his job back after a full bench found a senior member failed to put him on notice that he considered reinstatement inappropriate and reached an "unsound" conclusion that the employer had a valid reason.
A signage company that sacked a worker via its director telling him to "get the f-ck out of my life" has failed to convince the FWC of its "extraordinary proposal" to spread his compensation payments over three and a half years.
A major employer's disciplinary process leading to a worker's dismissal featured "significant deficiencies" despite the oversight of an IR specialist, the FWC has found.
