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.
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.
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.
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.
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.
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.
A mineworker has won reinstatement after her sacking for revealing the email addresses of 850 workers in a fundraising blast, the FWC warning employers in the process about the need to maintain distance between dismissal decision-makers and those "involved directly in the facts" of a matter.
A FWC full bench has reinstated a rubbish truck driver sacked for a low-level alcohol reading, finding that the initial decision relied on reasons the employer had not put forward, without considering whether the driver had an opportunity to respond.
The FWC has ordered reinstatement for a professor who sent "intimate and romantic" messages to a student, including a photo of himself in his boxers, finding that his seven-year unblemished record since his recently-uncovered relationship mitigated his behaviour.
A worker who threatened his managers that he would set bikies on them and that he had "a bullet with your name on it" resigned in the "heat of the moment" and should have been given the chance to retract it, but the FWC has upheld his dismissal because his menacing behaviour amounted to serious misconduct.
