The "unique" circumstances leading to a security guard being caught asleep in his own car during an overnight shift rendered his sacking unfair, the FWC has found.
A FWC full bench has quashed a finding that the ACT's education department unfairly sacked a teacher who crossed boundaries with students, including by messaging them and providing lifts, remitting the case to another member for redetermination.
In a revealing decision about the atmosphere at some FWC conciliation conferences, a tribunal member has declined to recuse himself from further hearing a matter despite accepting that a teenage worker and her father "may have taken umbrage" at his tone when expressing frustration at their propensity to stray off-topic.
A New Zealand resident employed by an Australian-registered business has failed to win extra time to file an unfair dismissal claim held up by his "dual jurisdiction misapprehension".
An ICT company will have to compensate a worker it immediately dismissed because she copied clients into an email announcing that she intended to resign.
Workers should not think that independent contractors operate in some "unbridled utopia, free from all direction and control", a senior FWC member has observed in tossing out a psychologist's general protections case.
The FWC is seeking feedback on its provisional view that it should order Secure Parking to reinstate a full-time compliance manager to a part-time position, finding Japanese-owned company unfairly dismissed him during a cost-cutting redundancy round.
The FWC has awarded $10,000 compensation to a sacked mine site cleaner who said he had been too drunk to remember skinny-dipping after being "egged on" by colleagues at a Christmas party in their accommodation village.
A senior FWC member should not have discounted a doctor's evidence that a worker possessed the "sound mind" required to understand the consequences of his resignation, a full bench has found.
