A Coles worker sacked for "interacting" with shoplifters in defiance of company policy has had her one-minute-late adverse action application binned, after the FWC rejected her bid to "pin" responsibility on the SDA, while at the same time affirming that the deadline is not a "mere technicality".
A transport company sacked a manager when it failed to specify it would not pay out his notice period if he accepted an offer to leave early following his resignation, the FWC has found.
An employer's failure to properly communicate the result of an investigation to a worker accused of an inappropriate relationship with a subordinate increased his discomfort at work, but did not force him to resign, the FWC has found.
A tribunal member has torn up his own certificate sending an adverse action case to court after accepting he prematurely found that efforts to resolve the matter had been exhausted.
An employer that sacked a worker absent on sick leave via an afternoon email has failed to establish she missed the deadline for filing a general protections claim, after the FWC held that she had no obligation to read it until she checked her messages the next day.
The FWC has refused to reallocate a Nepalese worker's general protections case to a "non-white/Aboriginal to decide", after he argued it would ensure a fair trial.
In a decision with broad implications for the disability services sector, a care provider has failed to overturn a ruling that a worker who signed two contracts describing her as an independent contractor is in fact an employee capable of suing it for alleged unlawful dismissal.
A company did not sack a worker for alleged safety breaches and unprofessional behaviour, but rather took unlawful adverse action when it decided to dismiss him because its national HR manager took his queries about pay and flexible work as "badgering" and harassment, a court has ruled.
In a court ruling a major media organisation argues could curtail open justice "in every proceeding", a judge has blocked the release of documents until attempts to reach a mediated settlement in the adverse action case have been exhausted.
A judge has rejected suggestions that he "inferred misconduct" on the part of lawyers acting for a construction giant in an adverse action case that has moved on to weighing damages and compensation.
