In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.
The FWC has ordered the United Firefighters' Union to comply with good faith bargaining obligations in its negotiations with Victoria's Country Fire Authority, while the union has lodged an appeal against the Federal Court's ruling that clauses requiring the CFA to employ additional firefighters and conduct recruitment are unconstitutional.
The obligation for employers to let employees bring a support person with them to any discussions that could lead to dismissal does not extend to allowing that person to be an advocate, a FWC full bench has confirmed in overturning a ruling by Commissioner John Ryan that an executive director was constructively dismissed.
A full Federal Court has refused to overturn a finding that an employee whose firm was placed in receivership resigned and as such was not entitled to the $273,360 payout he claimed.
A FWC full bench has directed a Jetstar flight attendant to address it on whether it can consider reinstating her in the wake of media reports that South African authorities are seeking to extradite her over allegations of "criminal conduct of the most serious kind".
A Fair Work Commission full bench majority has urged DP World to address an "anti-dobbing" culture that contributed to its failure to curb a supervisor's bullying behaviour, in a decision upholding the company's dismissal of a subordinate he goaded into assaulting him.
