Here is the consolidated table sorted by decision date, oldest to newest, using the dates supplied.
| Filename / Citation | Decision Date | Party Names | Representative Names | Issues in Dispute | Tags | Outcome in Weeks | Outcome in $ |
|---|---|---|---|---|---|---|---|
| Print P6275 | 28 Oct 1997 | D. W. Curran v Thomas Jewellers Aust | Applicant in person; J. Thomas (Respondent) | Jurisdiction: Whether a trainee fell under an excluded approved traineeship scheme. | Traineeship; Jurisdiction; Excluded Employee | N/A (Referred to conciliation) | $0 |
| Print Q0816 | 14 Apr 1998 | H. I. McLachlan v Permanser Pty Ltd | J. Gray (Applicant); G. Katz, A. Tanner (Respondent) | Jurisdiction: Challenge to the reasonableness of a 6-month probation window. | Probation; Jurisdiction; Reasonableness | N/A (Referred to conciliation) | $0 |
| Print Q3958 | 30 Jul 1998 | A.G. Beardmore & Ors v Tyco Australia Pty Ltd | Extension of Time: Group of 5 applications lodged 66 days late due to redundancy advice delays. | Extension of Time; Redundancy Dispute | N/A (Extension granted) | $0 | |
| Print R3889 | 22 Apr 1999 | B. Stingas v Australian Postal Corporation | A. Rizza (Applicant); P. Godfrey (Respondent) | Jurisdiction: Validity of an award-based 12-month probationary period. | Probation; Jurisdiction; Award Regulation | N/A (Referred to conciliation) | $0 |
| Print S5182 | 24 Apr 2000 | A. Lang & J. Kay v Tenix Defence Systems | G. Dircks (Applicant); R. Dalton (Respondent) | Unfair Dismissal: Immediate redundancy without workplace consultation. | Redundancy; Consultation Breach | 3 weeks (Loss baseline) | $8,569 (Lang); $8,833.27 (Kay) |
| Print PR900269 | 16 Jan 2001 | Warren v Castricum Brothers | A. Dircks (Applicant); P. Pesutto (Respondent) | Unfair Dismissal: Sacked for “abandonment” while away on legal medical leave. | Abandonment; Reinstatement; Mitigation | 0 weeks (Refused back-pay) | $0 (Reinstatement ordered) |
| Print PR900759 | 31 Jan 2001 | O’Carroll v TDG Logistics Ltd | G. Dircks (Applicant); G. Shaw (Respondent) | Constructive Dismissal: Forced resignation claim after refusing restructuring transfer. | Redundancy; Reassignment; Resignation | N/A (Dismissed) | $0 |
| Print PR901288 | 19 Feb 2001 | N. Oswald v Datacord Services Pty Ltd | A. Dircks (Applicant); P. Ferrier (Respondent) | Jurisdiction: Conflicting evidence regarding an unwritten probation timeline. | Probation; Jurisdiction; Excluded Employee | N/A (Referred to conciliation) | $0 |
| Print PR901321 | 21 Feb 2001 | Stephen Dodd v Hurll Nu-Way Pty Ltd | T. Richmond (Appellant); D. Valentine (Respondent) | Jurisdiction / Probation: Appeal against an initial dismissal based on a 6-month probation window. Full Bench ruled the employer failed to prove a 6-month qualifying period was reasonable for the position. | Probation; Reasonableness; Jurisdiction; Appeal; Employment Window | N/A (Appeal upheld; objection dismissed) | $0 (Referred to conciliation) |
| Print PR904938 | 6 Jun 2001 | Kelli Summerton v Jabiru Golf Club | J. Carrigan (Applicant); G. Weller (Respondent) | Jurisdiction / Extension of Time: Threshold fight over whether a 3-year casual qualified for protection. | Casual Employee; Systematic Roster; Extension of Time | N/A (Extension granted) | $0 (Referred to conciliation) |
| Print PR905557 | 19 Jun 2001 | N. Nunes v Kagan Bros Consolidated | G. Dircks (Applicant); G. Pels (Respondent) | Unfair Dismissal: Performance termination over a single processing error. | Unsatisfactory Performance; Long Service | 6 weeks (Loss baseline) | $3,919 |
| Print PR908865 | 12 Sep 2001 | Attila Papp v PSI Pacific Pty Ltd | A. Dircks (Applicant); Respondent failed to appear | Unfair Dismissal: Unjust summary dismissal of a sales consultant based on unproven performance claims. | Lack of Warning; Summary Dismissal; Sales Consultant | 5 weeks (Service length baseline) | $4,115 (Statutory cap applied) |
| Print PR909609 | 24 Sep 2001 | G Mitchell v Steelmark Eagle and Globe | A. Dircks (Applicant); R. Naughton (Respondent) | Extension of Time: Application filed 13 days late. Worker delayed filing due to corporate restructuring confusion and misleading “your job is safe” statements by management. | Extension of Time; Late Lodgement; Redundancy; Restructure Confusion | N/A (Extension granted) | $0 (Allocated to conciliation) |
| Print PR912416 | 11 Dec 2001 | R. Hickey v Dandenong Basketball Assoc | Mr Thapliyal (Applicant); Mr Johnston (Respondent) | Jurisdiction: Fixed-term contract vs short-term casual employee sport exclusion threshold objection. | Fixed-Term Contract; Casual Employment | N/A (Objection dismissed) | $0 (Referred for full listing) |
| Print PR913054 | 8 Jan 2002 | P. Lacey v Shamic Sheetmetal (Aust) | G. Dircks (Applicant); G. McKeown (Respondent) | Bona Fide Redundancy: Structural operational cleanup resulting in factory night shift closure. | Redundancy; Shift Closure; Factory Operations | N/A (Dismissed) | $0 (Paid $8,755 redundancy packet separately) |
| Print PR914112 | 6 Feb 2002 | S Dundon v Simon Engineering | Mr Holding (Applicant); Mr C Milne (Respondent) | Unfair Dismissal: Worker sacked over site shouting matches and safety compliance disputes. | Misconduct; Workplace Bullying; Site Safety | 0 weeks (Returned to work) | $0 (Reinstatement ordered with continuity) |
| Print PR914150 | 6 Feb 2002 | Lei Nivaga v Moishe Gordon t/as City Park Hotel | Mr G Dircks (Applicant); Respondent failed to appear | Extension of Time: Threshold application for late filing. Worker was dismissed via a restructuring letter but delayed lodging due to corporate takeover confusion. | Extension of Time; Late Lodgement; Restructuring; Takeover Confusion; Hotel Manager | N/A (Extension granted) | $0 (Application accepted; referred directly to conciliation) |
| Print PR914354 | 20 Feb 2002 | C Stanciu v Monash-Vale Child Care | Applicant in person; Respondent/Manager cross-examined | Abandonment of Employment: Employer treated a pre-arranged overseas leave trip as job abandonment. | Abandonment; Childcare; Annual Leave Dispute | 0 weeks (Returned to work) | $0 (Reinstatement ordered to roster) |
| Print PR914451 | 21 Feb 2002 | J Hinds v Laser Resources Management | Mr J F Boardman (Applicant); Mr D Murphy (Respondent) | Unfair Dismissal: Redundancy carried out without peer comparison/consultation plus unexpected salary deduction. | Redundancy; Unfair Selection; Salary Deduction | 13 weeks (Calculated loss span) | $5,060 |
| Print PR916076 | 28 Mar 2002 | Christine Smith v Peninsula Health | P. Holding (Applicant); J. McDougall (Respondent) | Extension of Time: Application for a late lodgement extension following a structural dispute over a Needle Syringe Program position. | Extension of Time; Late Lodgement; Health Sector; Merit Assessment | N/A (Extension granted) | $0 (Allocated to conciliation) |
| Print PR918518 | 3 Jun 2002 | Lesley Griffith v Marston and Cook | G. Dircks (Applicant); C. O’Grady (Respondent) | Jurisdiction: Dispute over the start date of a real estate agent trial period and high-income cap formulas. | Real Estate; Probation Window; High Income Cap | N/A (Adjourned) | $0 (Interim ruling only) |
| Print PR926485 | 9 Jan 2003 | Glenn Holland v Elgas Limited | L. Duffin (Applicant); R. Tasker (Respondent) | Jurisdiction: Threshold objection regarding whether a delivery driver was an independent contractor or a long-term permanent casual employee. | Independent Contractor; Permanent Casual; Transport Industry; Contract Scheme | N/A (Objection dismissed) | $0 (Employment relationship proven; within jurisdiction to proceed) |
| Print PR927971 | 14 May 2003 | Abraham Abdalla v Viewdaze Pty Ltd t/as Malta Travel | Applicant in person; Mr Vella (Respondent) | Jurisdiction: Appeal against an independent contractor classification. Travel consultant claimed unfair dismissal, but the company argued he operated on a commission-based independent agent contract. | Jurisdiction; Independent Contractor; Commission Agent; Travel Consultant; Personal Service | N/A (Appeal dismissed) | $0 (Dismissed for want of jurisdiction; original finding upheld) |
| Print PR931179 | 7 May 2003 | L Symons v Wrappings Pty Ltd | Ms Disher (Applicant); Mr O’Malley (Respondent/Owner) | Constructive Dismissal: Store manager asserted she was forced to resign under duress after being given a sudden ultimatum to accept demotion to a 2IC part-time role or face termination. | Constructive Dismissal; Demotion Forced; Resignation under Duress; Mitigation | 14 weeks (Remedy calculated loss) | $7,932.12 (Based on a weekly baseline wage of $566.58) |
| Print PR931905 | 21 May 2003 | M. Spicer v YMCA Ballarat | Mr Lynch (Applicant); Mr Ferguson (Respondent) | Jurisdiction: Threshold challenge regarding whether a lifeguard/pool manager was excluded as a casual employee or had a continuous contract. | Casual Employee; Continuous Contract; Roster Pattern; Fitness Industry | N/A (Application dismissed) | $0 (Found to be genuinely employed as a casual; out of jurisdiction) |
| Print PR935561 | 31 Jul 2003 | Hannah Sky v Upper Yarra Community House Inc | N. Henderson (Applicant); R. Millar (Respondent) | Unfair Dismissal / Substantive Merits: Summary dismissal of a program manager for alleged serious misconduct and disobeying operational directions during a localized asset transfer. Sacking found harsh and disproportionate. | Misconduct; Summary Dismissal; Community Sector; Reinstatement; Backpay Offset | 0 weeks (Continuity preserved with backpay ordered) | $0 (Reinstatement ordered; backpay adjusted against Centrelink earnings) |
| Print PR938031 | 16 Sep 2003 | R. Brand v APIR Systems Limited | M. Long (Appellant); A. Grinsell-Jones (Respondent) | Jurisdiction / Award Conditions: Appeal against a decision ruling that an IT Employee was high-income excluded. Evaluated whether the worker’s primary purpose fell under award classifications. | Appeal; Jurisdiction; High Income Cap; IT Employee; Award Classification | N/A (Leave to appeal refused) | $0 |
| Print PR938639 | 25 Sep 2003 | Yasmin S.B. Cetin v Ripon Pty Ltd t/as Parkview Hotel | C. Howell (Appellant); A. Vlachos (Respondent) | Jurisdiction: Appeal against a threshold dismissal; determining if a hospitality worker was a short-term casual or a regular employee based on fluctuating hours. | Casual Employee; Roster Expectation; Appeal; Hospitality Industry | N/A (Appeal upheld) | $0 (Quashed original dismissal; matter referred to conciliation) |
| Print PR939787 | 24 Oct 2003 | C Schober v 10th Bristling Woods Pty Ltd t/as Victorian Tavern | Mr Brehas (Applicant/Agent); | Jurisdiction: Threshold objection regarding whether a tavern worker was an excluded casual or protected regular employee. | Jurisdiction; Casual Employment; Hospitality Sector; Roster Pattern | N/A (Objection dismissed) | $0 (Referred directly to conciliation) |
| Print PR942762 | 15 Jan 2004 | Williams v Centrelink | P. Holding (Applicant); J. Wallace (Respondent) | Misconduct & Disproportionate Response: Dismissal of a customer service team leader for transmitting sexually explicit/pornographic emails via internal systems. | Misconduct; Email Misuse; Public Service Act; Parity of Treatment | N/A (Application dismissed) | $0 (Sacking found harsh but ultimately valid due to breach of Code of Conduct) |
| Print PR944616 | 18 Mar 2004 | D.M. Foster v Glen Fulton Motors Pty Limited | Not specified in text | Jurisdiction / Constructive Dismissal: Worker asserted that an employer’s systemic failure to pay full wages and provide accurate remuneration accounting amounted to a total contract repudiation. | Jurisdiction; Constructive Dismissal; Wage Deductions; Car Sales Manager | N/A (Application dismissed) | $0 (Threshold barrier upheld; found no termination at the employer’s initiative) |
| Print PR945924 | 5 May 2004 | Josie Bianchi v Staff Aid Services | A. Dircks (Respondent/Worker); N. Green QC, P. Ginnane (Appellant/Company) | Jurisdiction: Appeal against a threshold labour hire classification. Determining whether a worker placed at a host supermarket client was an employee or an independent contractor. | Jurisdiction; Labour Hire; Control Test; Tripartite Arrangement; Independent Contractor | N/A (Appeal dismissed) | $0 (Jurisdictional boundary upheld; worker confirmed as employee) |
| Print PR974685 | 20 Nov 2006 | R. Harris v Central Equity Limited | A. Dircks (Applicant); A. Duffy, T. Davey (Respondent) | Bona Fide Redundancy / Jurisdiction: Threshold objection that an IT Manager was excluded due to an operational redundancy and exceeding the high-income cap. Found restructuring was not a bona fide redundancy since alternative structures weren’t genuinely pursued. | Redundancy; High Income Cap; IT Manager; Restructuring; Bona Fide Test | N/A (Objections dismissed) | $0 (Referred to conciliation) |
| [2010] FWA 8891 | 22 Nov 2010 | Flavio Sepe v Ezygas Conversions Aust. Pty Ltd T/A Ezygas | G. Dircks (Applicant); Respondent in liquidation | Misconduct & Capacity: Summary dismissal of a factory worker for alleged theft of scrap copper batteries and an automotive radiator, which the worker established had been pre-approved for removal by a service manager. | Misconduct; Alleged Theft; Factory Operations; Voluntary Liquidation; Reinstatement | 10 weeks | $8,314.02 (Gross compensation ordered in lieu of reinstatement due to company wind-up) |
| [2011] FWA 776 | 4 Feb 2011 | Tara Davies v Hip Hop Pty Ltd T/A Hippity Hop Child Care | G. Dircks (Applicant); F. Baiocchi, M. Smith (Respondent) | Abandonment of Employment: Employer asserted a childcare group leader abandoned her role after walking out of a disciplinary meeting, whereas the worker established she was fired for violating an unwritten “no backbiting” policy. | Misconduct; Backbiting Policy; Abandonment; Childcare Sector; Mitigation Offset | 21 weeks (Calculated loss baseline) | $9,480 (Gross compensation ordered in lieu of reinstatement) |
| [2011] FWA 4915 | 4 Aug 2011 | Shannon Dawson v Railway Transport Services Pty Ltd T/A Cartage Australia | G. Dircks (Applicant); M. Daly (Respondent) | Unfair Dismissal & Procedural Fairness: Heavy vehicle truck driver summarily dismissed for attending work allegedly under the influence of alcohol. Sacking found unfair due to the complete lack of objective blood-alcohol testing or procedural warnings. | Misconduct; Alcohol Policy; Heavy Vehicle Safety; Summary Dismissal; Testing Failure | 7 weeks (Calculated loss period) | $9,891 (Gross compensation ordered; superannuation excluded) |
| Print PR532896 | 10 Jan 2013 | Tomer Rabba v PeleGuy Pty Ltd T/A PeleGuy | G. Dircks (Applicant); B. Skinner (Respondent) | Jurisdiction: Threshold objection regarding whether a commission-only salesperson renting a company van was a subcontractor or an employee. Held that despite the lack of PAYG tax deductions, he operated as an integral representative of the business. | Jurisdiction; Independent Contractor; Commission Salesperson; Vehicle Rental; Uniform Policy | N/A (Objection dismissed) | $0 (Jurisdictional boundary removed; referred for full hearing) |
| [2023] FWC 1060 | 5 May 2023 | Warren Power v Lyndons Pty Ltd T/A Lyndons | Mr A Dircks (Applicant); Mr T.A Spence (Respondent) | Serious Misconduct: Dismissal for workplace bullying and sexual harassment involving egregious verbal slurs and unwelcome physical contact. | Sexual Harassment; Workplace Bullying; Retail Industry; Witness Interference | N/A (Application dismissed) | $0 (Dismissed; sacking found fair and justified) |
| [2024] FWC 2914 | 11 Oct 2024 | Mr xxx v Ventia Australia Pty Ltd | A. Dircks (Applicant); J. P. Xiao (Respondent) | Misconduct & Procedural Fairness: Alleged leak of confidential commercial info to a third-party consultant. Dismissal found unfair due to insufficient standard of proof linking the worker to the disclosure. | Confidential Information; Investigation Candour; Defence Facility; Services Manager | 12 weeks | $25,773.82 (Gross compensation ordered; superannuation excluded) |
Some Observations :
- The “Backbiting” and Policy Pitfalls: In [2011] FWA 776 (Davies), the Commission reiterated that while a childcare centre has a valid right to enforce “no gossiping/backbiting” rules for staff unity, executing an immediate summary dismissal on an unwritten policy without formal warnings or an objective investigation turns the firing into an unfair termination.
- Objective Proof in Safety Sackings: In [2011] FWA 4915 (Dawson), despite the employer’s highly reasonable suspicion that a heavy vehicle driver smelled of alcohol at 4:30 AM, the Commission ruled that terminating an employee for breaching a zero-tolerance drug and alcohol policy requires a definitive test (such as a breathalyser or police test). Verbal observations alone fail to establish the substantive misconduct to the civil standard of proof.
- The Independent Contractor Reality Check: In PR927971 (Abdalla), the Full Bench reiterated that a formal contract titled “Employment Contract” doesn’t change the operational reality if the worker owns their own business name, submits tax invoices via an ABN, and works entirely on a split-commission structure without day-to-day managerial control.
- The Restructure Delay Defense: In PR914150 (Nigava), the Commission used the standard Brodie-Hanns principles to allow an out-of-time application. The worker established an acceptable explanation for the delay because the hotel employer had represented that the company was undergoing a structural downturn, causing the worker to seek out equal opportunity council advice before realizing it was a termination.
- The Interplay of Labor Hire Law: Cases like PR945924 (Bianchi) and PR927971 (Abdalla), both finalized in early May of 2004, represent the core tests established to break down standard sham contract configurations where labor hire agencies attempt to classify full-time staff as “independent” operators.
- The Evolution of Quantum vs. Reinstatement: In [2024] FWC 2914 (Dickman), the Commission explicitly utilized the historic Sprigg formula (found in the older 1998 entries of your database) to systematically deduct contingencies (such as remote location pressures and historical resignation history) from the gross back-pay calculation down to a 12-week cap, minus a further 10% penalty for a lack of initial candour during corporate interviews.
- The “Bona Fide Redundancy” Standard: In PR974685 (Harris), the Commission provided a very useful framework clarification for operational entries. Simply asserting that a position is closing down is not enough to avoid an unfair dismissal claim. If management completely fails to consult or discuss restructuring choices with the affected manager before executing the firing, the redundancy fails the “genuine/bona fide” test.
- Reinstatement Mechanics: In PR935561 (Sky), the primary remedy of reinstatement was successful. The Commission ordered the employee back to work with complete continuity of service. To handle back-pay without creating double-dipping, the ordered financial restoration required the employer to pay regular lost wages minus any social security/Centrelink benefits received during the out-of-work window.
- The Cetin Principle (PR938639): The Full Bench confirmed that a hospitality worker with highly fluctuating hours can still establish regular and systematic employment if they maintain a mutual expectation to turn up and work the shifts required week after week.
- Remedies without Quantum: Notice cases like PR914354 (Stanciu) and PR914112 (Dundon) resulted in successful unfair dismissal claims where the Commission ordered the primary remedy of reinstatement. Because the workers were returned to their jobs with continuity rather than given cash-in-lieu, the outcome in dollars is recorded as $0.
- High Income / Commission Hurdles: In PR918518 (Griffith), the Commission explicitly details the difficulty of applying the statutory formula to high-earning real estate agents whose continuous service is brief (under 12 months) but who have substantial outstanding commission civil claims.
- In PR900269, the applicant successfully proved unfair dismissal, but because they rejected an open, non-prejudice offer from the employer to return to work, the Commission ordered reinstatement with continuity but calculated $0 back-pay / compensation for failing to mitigate their losses.