Casuals cannot be "dispensed with" simply by reducing their hours to zero, the FWC has ruled, clearing the way for a worker to proceed with his adverse action claim.
The FWC has given the go-ahead to a scientist's adverse action case despite claims she "played" the employer by obtaining a reference stating she resigned for health reasons, before refusing to sign a release deed and initiating legal action.
A judge has blasted a company's request for no penalty for flouting IR laws, describing it as "one of the most extraordinary submissions, if not the most extraordinary submission" on fines he had heard in more than 15 years.
Stevedoring giant Qube has failed to head off a multi-million lawsuit after the FWC found it had no standing to seek retrospective agreement variations affecting dockworkers' pay.
An employer alleging a "rogue" HR contractor's misconduct robbed it of a chance to defend a supervisor's unfair dismissal claim has failed to convince the FWC to revoke a decision that left it with a $34,000 compensation bill.
In considering the case of a worker sacked for failing to tell his employer about his licence suspension and then lying about it, a NSW IRC member has found that his length of service "'cuts both ways' – the longer an employee’s period of service, the more they can be expected to be aware of the conduct expected of them by their employer".
A Jetstar maintenance supervisor who referred to colleagues as "dumb c-nts" and tried to destroy the credibility of a complaining subordinate by revealing he was overtly flatulent and openly rubbed his p-nis at work has failed to establish that his sacking involved double standards or unfairness.
The FWC has ordered the reinstatement of a construction worker sacked on the basis of a clutch of "confected" claims that included alleged commuting challenges after losing his driver's licence and his purported concealment of firearms and pornography charges.
"Similarities" with the case of a worker awarded compensation after being shown the door for missing a COVID-19 vaccination deadline have not been enough to persuade the FWC that a public utility unfairly dismissed an employee when it denied him a chance to wait for a Novavax jab.
The FWC has rejected the FWO's forceful arguments against renewing a union organiser's entry permit after weighing his history of transgressions, doubts over whether he paid a court-ordered personal fine and evidence that training had better equipped him to avoid potential future breaches.
