A law firm that said in correspondence it would refer complaints and CCTV footage to the Legal Services Commission if a lawyer did not settle her adverse action claim against it must hand over emails about the letter and her case after a court held it cannot rely on privilege.
Qantas, in its challenge to a crucial recent Federal Court adverse action ruling, says its sole motivation for outsourcing the jobs of about 1700 ground crew was its lawful commercial reason of saving $100 million a year during a global pandemic.
For the second time in a year, the FWC has assessed the suitability of a CPSU organiser to hold an entry permit after finding it lacked the power to simply replace her stolen one.
A criminal lawyer has succeeded in overturning findings that he unfairly sacked a solicitor and practice manager he accused of "insubordination" and "sabotage", a FWC bench ruling that a tribunal member was too dismissive of his explanation for missing a hearing.
A four-member FWC bench has left no doubt unfair dismissal matters with contested facts must not be decided on the papers regardless of consent or a lack of objection, a senior member finding a second of his rulings quashed on this basis within a matter of days.
Hospitality industry employers have won approval to roll up overtime, penalty and split-shift rates for full-time higher-paid workers after a FWC full bench rejected union concerns that changing the award for a small cohort could leave a broader group of employees worse off.
The FWC has refused to stay consideration of another case caught up in the High Court's current slate of matters examining employment status, finding that a former chief executive of just three weeks would be unfairly prejudiced if his adverse action claim was delayed.
An employer will get another chance to argue that it did not dismiss a worker after a four-member FWC bench determined that the company's jurisdictional objection should not have been decided on the papers.
The FWC has allowed a delivery driver's late unfair dismissal application to proceed after finding that his adult children kept news of his sacking from him over health concerns while he completed two weeks' hotel quarantine.
The FWC has upheld the dismissal of two Qantas pilots unable to fly internationally after turning 65, drawing parallels with the tribunal's retirement policy while finding it might have been "considerate" to keep them in the departure lounge while they awaited a move to short-haul.
