An aged care home has been ordered to pay almost $400,000 in damages and penalties to a Chinese nurse summarily sacked after she complained that Filipino co-workers received more favorable treatment.
The Fair Work Act's compensation cap has operated inequitably to allow Guzman y Gomez to "benefit from its poor treatment" of a hard-working casual denied shifts while a HR manager maintained she remained employed, a senior FWC member has found.
The FWC has found it "fanciful" to suggest that an employer might allow a HR professional to send extensive confidential information to his personal email address without authorisation, ruling his serious misconduct warranted dismissal.
A casual Coles worker with limited availability has failed to overturn his sacking following a hiatus of more than three months, but the FWC says the store manager should have taken an additional step before dismissing him.
A listed gold producer has succeeded in halving a mine caretaker's redundancy pay after the FWC found that it trimmed the "uncomfortable" responsibilities in a proposed alternative role to the point where it almost mirrored his existing job.
An unlisted mining exploration company has failed to claw back legal costs that included a 14-day trial defending claims brought by its former "whistleblower" chief executive, after the Federal Court found his rejection of two settlement offers justified when he stood to receive "substantial" penalties for workplace breaches.
A 63-year-old brothel receptionist summarily sacked via an intermediary after 15 years of "loyal" service in the "happy little family" workplace will receive near-maximum compensation, after a FWC ruling.
A FWC full bench has emphatically quashed a deputy president's decision to bin a worker's unfair dismissal application with five hours' notice just two days before Christmas, finding he misapplied the Commission's powers and "misapprehended" the facts.
The FWC has found that a company director fell below the high-income cap because he reduced his pay through "wage loans" when the business struggled and the loans amounted to debts rather than earnings, or payments that could not be determined in advance.
A property manager who returned home to down scotch and cokes with her sister following a panic attack during her working time has won $9,000 compensation, after the FWC found her real estate agent employer failed to establish that the hours-long drinking session coincided with her remotely accessing its IT system and deleting and forwarding her emails and other documents.
