Lawyers to oppose HR manager's reinstatement; "Apprehension of bias well-founded": Judge; Sham contracting case shelved; and Train drivers not "systematically overworked": Full court.
A court has declined to hear discrimination cases brought by three health workers sacked mid-pandemic for refusing COVID-19 jabs, finding no merit in their arguments that being unvaccinated should be treated as a disability.
The FWC has extended time for a HR manager with a "debilitating" undiagnosed neurological condition to file her general protections claim, despite accepting the medical evidence failed to prove her incapacitation during the 21-day statutory limitation period.
A full bench has upheld orders requiring a BHP labour hire subsidiary to reinstate to a different mine a worker accused of aggressive conduct, finding a FWC member did not impose an "unmeetable burden" on workplace investigations, while the company's challenge to his colleague's reinstatement order is waiting in the wings.
A former ANZ executive found to be "persona non grata" in the industry has been cleared to recover millions in bonuses withheld after his sacking for sending lewd messages, but has otherwise failed in his six-year-long case to win whistleblower protections or sustain arguments that the bank took unlawful adverse action.
The FWC has rejected a maintenance manager's "no harm, no foul" defence to his sacking over a failed kickback scheme, finding he engaged in serious misconduct when he deliberately and dishonestly attempted to defraud his employer.
A court has awarded more than $500,000 in penalties to an 80-year-old former pistol club manager paid for more than a decade just $250 a week, from which the employer deducted $100 as rent for the on-site mobile home she lived in with her disabled son.
The FWC has declined to extend time by 13 seconds for a prison guard sacked for failing to disclose his involvement in a s-xual harassment case that resulted in a young worker receiving $125,000 compensation.
A labour supplier has failed to win costs against the AWU, after claiming that a PALM scheme worker had not authorised the union to file an unfair dismissal claim that it ultimately discontinued.
The FWC has cleared a general manager's late unfair sacking claim to proceed after a law firm's graduate employee advised him to file it in the wrong jurisdiction, finding it "unreasonable and unrealistic" to assume the GM had been in a good position to identify the correct forum.
