The Federal Court has resuscitated a worker's long-running adverse action claim, accepting that a 2014 settlement agreement with her employer might have been based on incorrect advice she was given by an FWC member.
In a ruling further clarifying the nature of binding agreements, the FWC has decided against hearing a car salesman's unfair dismissal application after finding that he shook hands on his employer's $8000 settlement offer and agreed to "move on".
An FWC unfair dismissal application can be both incomplete and unaccompanied by the required fee as long as it is filed within the statutory 21 days, a senior Commission member has found.
The Federal Court has rejected claims an employer took adverse action against a dentist it threatened to sack for writing "pugnacious" emails, redirecting mail and refusing to attend disciplinary meetings, ruling that the last two actions amounted to him repudiating his employment contract.
Verbal unfair dismissal settlement is binding; Micromanager's bullying justified his dismissal; and Federal agency's consultation clause not just "aspirational", says bench.
As Parliament prepares to rise for the year, the Turnbull Government has introduced legislation containing the provisions removed from the Fair Work Act amending legislation that came into effect last week.
