Browsing: Case law (632 items)


FWC upholds CBA's sacking of home lender

A senior Commonwealth Bank employee failed to disclose his connection with a mortgage broker, defied the employer's bans on using WeChat and his personal mobile phone to arrange home loans and then paraded "a chaotic collection of lies, nonsense, poorly matched ideas, and manufactured responses" in his doomed unfair dismissal case in the FWC.


Too much duplication in deactivation laws: FWC member

A FWC presidential member has likened the Fair Work Act's unfair deactivation provisions to a 1993 movie that is a popular culture symbol of endless, pointless repetition, saying the excessively complex laws clash with the statutory mandate for the tribunal to perform its functions in a manner that is "quick, informal and avoids unnecessary technicalities".



Decision to "go legal" did not help director's cause

An employer had the right to sack one of the governing directors of its parent company after he chose to "go legal" instead of undergoing an independent medical examination to back up his doctor's claims that he could fulfil his sales role after a period of ill-health, the FWC has found.


$6K for sacked Coles worker

Coles had a valid reason to sack a long-serving casual worker for restraining a teenage girl suspected of repeated shoplifting, but must pay $6500 compensation after a FWC finding that he did not knowingly breach the retailer's codes and policies in the "one-off" incident.


Flex bid incompatible with employer's peak loads

The FWC has backed an employer's refusal to grant an employee with caring responsibilities' request to work flexibly outside its peak operating hours, finding the proposed "bespoke arrangement" unreasonable.


"Triggered" worker wins job back

The FWC has taken into account the financial pain of missed mortgage repayments and the disruption of being forced to take a drive-in, drive-out role in deciding to reinstate a mineworker who raised a fist towards a colleague after being "triggered" when called a "c—t".


FWC puts ETU claim to bed

The FWC has found Sydney Trains does not have to fund devices used to treat employees' sleep apnoea, but has suggested a review of arrangements with the employer's external health assessors after workers diagnosed with the condition had to pay up to $4000 for the anti-snoring technology.


No-WFH alternative job not acceptable: FWC

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.


Landmark WFH term in place next week

The working from home term in the clerical award will take effect next Monday, after a FWC full bench today confirmed its August ruling, with minor amendments to phrasing of the proposed new rights.


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