The FWC has reinstated a mineworker sacked by a Yancoal subsidiary for aggressive and threatening behaviour in which he threatened to cut a co-worker's throat, finding the dismissal harsh because of his unblemished 12-year tenure, his remorse and his PTSD.
In finding a worker with an oral contract an independent contractor, the FWC has affirmed that the principles of Personnel Contracting apply whether the contract is written, oral or some combination and has suggested that the previously-used "multifactorial approach" didn't necessarily cause "chaos", but created "legal and commercial uncertainty".
BHP Minerals has failed to establish that almost $20,000 in education assistance it paid to a mining engineer pushed him above the high income threshold for unfair dismissal protection, after it chose not to exercise its right to recoup the payments.
The FWC will permit a security company to use telephone recordings of worker's allegedly "extremely offensive" conversations with colleagues in defending his unfair dismissal claim, finding it in line with telecommunications interception laws and surveillance clauses in his contract.
The Federal Court has restrained a Federal agency from sacking an employee it accused of lying about the disciplinary action that led to her resigning from her previous APS job.
The FWC has found that a Boeing subsidiary unfairly dismissed an unvaccinated worker because it should first have completed its consideration of whether it could redeploy him.
The FWC has today approved an agreement for the second time, after a "computer glitch" corrupted the formatting of the deal endorsed by the tribunal the first time around.
The FWC has refused to extend time for a worker sacked after he took unapproved leave to visit a sick relative overseas and filed his unfair dismissal application 15 days late.
The FWC says a proposed amalgamation of the Australian Hotels Association and the Accommodation Association of Australia will give the latter a "strong voice" within the merged employer body and held that only its members will have to vote on it in a ballot opening next month.
