A judge has chosen to overlook an admission of adverse action included in a solicitor's "embellished" employer response, despite noting that the statement was approved by the company's director.
A labour hire employee who lost an offer to shift to direct employment with his host employer after IR staff became aware of his dual identity has failed in unfair dismissal claims against both parties, in a ruling in which the FWC also rejected his joint employment arguments.
The Fair Work Commission has sought to better delineate the law around so-called constructive dismissals, in a case in which it lambasted a multinational company's HR department for overseeing a process it likened to "entrapment".
A presidential member of the FWC has prodded legislators to revisit "confusing" aspects of the Small Business Fair Dismissal Code in order to deliver on its promise of speeding parties' progress through the unfair dismissal jurisdiction.
In a landmark ruling, the Federal Court has found today that a Spotless subsidiary failed to meet its obligations under the NES to provide notice and severance pay to employees – some with 15 to 20 years service – when it lost a longstanding services contract at a major shopping complex.
An Australia Post employee has failed in a Federal Court bid to win reinstatement after his summary dismissal for acting as a paid industrial advocate for his colleagues.
An FWC full bench led by President Iain Ross has sent a powerful signal to members to back their own judgement in inherent requirements cases where there is conflicting medical evidence, describing a previous full bench decision ceding the final say to employers as "plainly wrong".
An FWC full bench has quashed an interlocutory decision allowing an employer to engage lawyers, finding it incumbent on the tribunal to give a self-represented employee an opportunity to weigh in on the matter.
A worker will have another shot at seeking a 45-day extension to file his general protections claim after an FWC full bench found he was wrongly refused on the basis that he needed a credible explanation for the entire length of the delay.
An FWC full bench has made a rare security of costs order against a social worker it calculated has "little prospect" of being granted permission to appeal a rejected unfair dismissal claim.
