The FWC has taken post-employment restraints into account in finding an underperforming sales manager's dismissal unfair, because while they may have been unenforceable they still reduced his prospects of getting a new job.
The FWC has opened the way for a casual newspaper producer to pursue Guardian Australia for unfair dismissal, finding the terms of his contract did not defeat the systematic basis of his engagements and nor did the fact he declined many shifts.
A detailed analysis of the "principal purpose test" for assessing award coverage has led the FWC to find a salesperson earning more than $200,000 a year is not covered by the commercial sales award.
The FWC has ordered the reinstatement of a casual early childhood educator axed from her workplace roster because she failed to fill out a child safety declaration while off the job in a remote, cyclone-afflicted area in China.
The FWC has awarded more than $30,000 compensation to a "difficult" former Services Australia worker who should have been "given space" to restore his mental health before he resigned.
An employer has been ordered to provide an external investigation report to a sacked worker after the FWC found that it waived legal privilege by revealing too many details in a letter outlining the results.
A FWC full bench has overturned a ruling that due to an employee's lack of award coverage, her employer - which conceded that the SCHADS award applied - had no obligation to consult her before making her redundant.
The FWC has upbraided a small business owner for informing a supervisor through an email drafted with help from ChatGPT that it had decided to retrench her, finding that sacking a worker via such a "cursory" means fails "to adhere to basic standards of decency".
A university has failed to establish that a tutor's dismissal took effect when a lecturer removed him from a group chat, clearing the way for him to challenge his sacking, unlike a colleague also dropped from the forum, who has since lodged an appeal.
A worker held a mistaken belief that he had a legal entitlement to a cooling-off period after he settled his unfair dismissal claim, a FWC full bench has ruled.
