The FWC has reinstated a train driver sacked for kicking and grappling with a stranger on a station concourse while on his way to work, after finding the employer failed to properly weigh his right to defend himself from attack.
In a decision closely examining when a demotion amounts to a dismissal, the FWC has found that a legal centre sacked a practice manager when as a disciplinary measure it moved her to a social worker/counsellor position and shaved more than $16,000 from her pay.
A Uniting Church reverend who received monthly payslips, superannuation contributions and Jobkeeper COVID-19 payments was not an employee capable of challenging his sacking for opposing same-s-x marriage, the FWC has found.
A FWC full bench has acknowledged a railway station manager's "ambitious" claim that a member went "wholly outside" the available options when she upheld his sacking for failing to disclose serious criminal charges.
The FWC has upheld the dismissal of a Big W employee sacked for colluding with his mother to steal a $400 hard drive, and then fabricating "a false and misleading story in an attempt to cover up his behaviour".
A senior FWC member in extending time by one day says a hospital security officer could not have been expected to ask a lawyer or psychiatrist he met while on remand to "trawl through his inbox" to find notification that he had been sacked.
The FWC has accepted a 48-seconds-late unfair dismissal claim from a worker convinced he filed it just before midnight on the last allowable day, after conceding that the tribunal's online processing quirks might have pushed it beyond the deadline.
The FWC has granted permission for the Department of Home Affairs to lawyer-up in an unfair dismissal case lodged by a self-represented former employee who once worked as a magistrate in Serbia.
A mechanic who overturned the rejection of his "late" unfair dismissal application has failed to convince a commissioner to recuse himself based on Australian Law Reform Commission unconscious bias research.
A CFMMEU organiser has been granted an entry permit despite a lengthy history of convictions for alcohol-related offences, the FWC in part reasoning that because none occurred in workplace settings he met the definition of a fit and proper person.
