A job that required four hours a day of travel did not amount to acceptable alternative employment for a redundant worker who had toiled almost entirely from home, the FWC has ruled.
In a significant decision about employers' redundancy obligations, the FWC has rejected MUA arguments that a marine service company could have "cobbled together" a new role out of various casual jobs to create a full-time position for a deckhand laid off after it lost a contract.
The FWC has ruled that while a BHP subsidiary "imposed unreasonable deadlines" for a worker with bipolar to respond to and provide medical reports, it was entitled to dismiss him for incapacity after he refused to attend a "tie-breaker" medical exam to resolve conflicting assessments of his fitness for work.
A retail worker will have a chance to argue that she got the sack for "speaking up against religious supremacy and genderism" after a FWC member accepted that a faulty internet connection delayed her application by two minutes.
A Fair Work Commission full bench has rejected a worker's unfair dismissal appeal, finding that "only artificial intelligence" could seriously suggest that he kicked down a locked door for any reason other than anger.
The FWC has rejected a veteran bank loan manager's bid to expunge his name from all records of his failed dismissal challenge, despite accepting that it will make it difficult for him to find another job in the industry.
An unpaid layperson said to be representing 12 workers in the FWC has failed to convince a senior member she has an "automatic right" to represent a pilot in a late general protections case, with the tribunal also citing evidence she unsuccessfully sought a restraining order against the employer's lawyer and allegedly threatened his family.
The FWC has allowed a six-days-late disability discrimination case to proceed after accepting that the paid agent engaged to file the application entered the wrong name and employer.
The FWC has allowed a six-day-late disability discrimination case to proceed after accepting that the paid agent engaged to file the application entered the wrong name and employer.
An employer had a valid reason to sack a foreign exchange dealer who secretly worked from Bali and Singapore while presenting himself as working from home, but the FWC has found its procedural failings rendered the dismissal unfair.
