Browsing: Case law (489 items)


Apparent bias empowers FWC: Bench

A FWC full bench has ruled that Victoria's fire chief displayed an appearance of bias when he decided to suspend two workers for allegedly accessing private work emails at United Firefighters Union Victorian branch secretary Peter Marshall's request.


Control key to finding s-x worker an employee: FWC

The FWC has found that a s-x worker is an employee rather than an independent contractor, because of the significant degree of control the employer exerted over her work, including requiring her to maintain an "immaculate" appearance with styled hair, make-up, lingerie and heels.


Court upsets union's case over testing status quo

The Federal Court has put unions on notice about what to expect from status quo provisions in dispute resolution clauses, tossing out the AMWU's bid for declarations and penalties against Opal Packaging for changing the way drug and alcohol tests are conducted.


FWC upholds sacking for defying lawful direction

A worker who insisted on toiling from his hospital bed almost immediately after bowel surgery has failed to overturn his dismissal for repeatedly flouting a direction to work within ordinary hours.


Revamp major award for WFH era: Employers

Employers are seeking work-from-home-related changes to the clerks award to make it easier to spread out working hours without requiring penalty rates, remove minimum engagement restrictions and overhaul meal and rest break provisions.


WFH conciliation cancelled after leak to media

A FWC full bench led by President Adam Hatcher has abruptly ended conciliation of the crucial clerks award WFH case after a "highly regrettable" leak of confidential information to the media, while issuing a broader warning that participants should respect processes conducted behind-closed-doors.


Bullying of transgender worker not made out: FWC

An aged care employer's investigation into allegations made against a worker amounted to reasonable management action, rather than inconsistent treatment because the worker is transgender, a fact the employer only became aware of during proceedings.


Assuming abandonment reasonable: FWC

An employer remained in the dark about the extent of a worker's acute mental health crisis after she attempted to take her own life, and reasonably concluded that she had abandoned her employment, the Fair Work Commission has found.


Sacking upheld after host bans on-hire worker

A labour supplier could not be expected to force the host to change its stance on revoking an on-hire worker's site access for conduct the employer found only warranted a warning, but validly dismissed him for his inability to perform his job's inherent requirements due to his expulsion, the FWC has found.


Impact on career warrants extension: FWC

The FWC has agreed to hear a bank employee's late challenge to his sacking for allegedly fraudulently disputing a credit card transaction, accepting sufficient doubts surrounded his intentions, the connection to work and the fairness of effectively ending his chances of ever landing a job in the industry again.


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