In a decision that threatens to undermine employer attempts to impose COVID-19 vaccination mandates, a five-member FWC bench has ruled BHP failed to adequately consult with workers at its Mt Arthur mine before announcing deadlines on site access.
A full Federal Court has dismissed an on-hire worker's bid to overturn a FWC ruling that it could not force a labour hire company to reinstate him to his former job at client CUB, upholding the tribunal's finding giving primacy to the host employer's right to determine who it allowed on its site.
The FWC has extended time for a Victorian tram driver wrongly told he could use his employer's internal appeals process to challenge his sacking, with the advice not corrected by HR until a day after the tribunal's filing deadline.
An unsuccessful general protections applicant cannot recoup her legal fees despite a tribunal finding that her lawyer breached his duty by failing to warn her of the risks if she did not lodge her claim on time.
The FWC has rejected a costs application against a worker who missed her employer's deadline to register for COVID-19 jabs because she was holding out for the Pfizer vaccine, at a time when its south-western Sydney location was subject to extra lockdown restrictions.
A worker dismissed for failing to meet his employer's COVID-19 inoculation deadline has failed to win an extension of time for his day-late dismissal claim, after he rushed to lodge it in the wake of the landmark Kimber full bench ruling three days before the 21-day-limit.
A nurse sacked after seeking leave to wait for the Novavax vaccine to become available has failed to win an extension after mailing her unfair dismissal application just three days before the deadline, unlike another nurse who did not get vaccinated on time and sent her claim seven days before the cut-off.
The FWC has ordered costs against a worker held to have called a colleague "Gumby", "Dumbo" and "Homer" while on a "connived power trip", finding he could have achieved his bid to clear his name by accepting a generous settlement offer.
The FWC has upheld a government-funded organisation's summary sacking of a support officer who claimed ownership of a program's intellectual property while planning with a team of consultants to take it outside.
The FSU and the Commonwealth Bank are set to square off next month over accusations the bank sacked a worker for discussing his pay less than a month after chief executive Matt Comyn told a parliamentary committee the CBA does not enforce salary secrecy clauses.
