An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.
The FWC has accepted an employer's explanation that the "incompetency" of its HR team led it to advertising a redundant position less than two months later and subsequently inviting a former employee to "recommence" his role.
The FWC has refused to express a view on whether an NRMA-owned cruise operator should be able to withhold JobKeeper payments for a fortnight in which it provided more than $1500 in back pay due under a newly-approved deal.
A long-serving pilot thought to have spent more than $13,500 contesting his redundancy has been awarded compensation of one week's pay, after the FWC held it was not genuine due to a lack of consultation.
A casual waitress who filed an unfair sacking claim almost 50 days after her employer sent her a dismissal letter and removed her from JobKeeper does not need an extension as she was unaware of the development, the FWC has held.
An employer's failure to consult and consider ways to keep a worker on the payroll before it dismissed him in the days after JobKeeper's announcement rendered his redundancy non-genuine, the FWC has ruled.
The FWC has slammed a "presumptuous" employer for taking up its time with a baseless late bid to have the tribunal throw out the unfair dismissal claim of a casual boxing trainer seeking compensation at the JobKeeper rate.
The FWC has quashed an unreasonable JobKeeper-enabling stand-down direction that left the employer open to an employee's "accusation" that it sought to punish him for pressing to work from home in locked-down Melbourne.
The FWC has upheld the dismissal of a catering assistant who coughed in the face of a nurse taking his temperature on-site immediately before he began his shift at an aged care home.
New data from the FWC has confirmed the workplace upheaval being wrought by COVID-19, with a leap in unfair dismissal applications, stand-down disputes and agreement variations in pursuit of a wage freeze or deferral.
