The FWC has found a top sales operator made redundant the day before her parental leave started was in fact unfairly dismissed, with her employer apparently transferring into her role its lowest performer "by a significant margin".
The FWC has found a supervisor's "grossly inappropriate" treatment of young subordinates amounted to a significant breach of his obligations and warranted his summary dismissal.
In a significant judgment on the level of proof required to establish an unlawful boycott, a High Court majority has upheld a finding that the CFMEU's construction and general division did not collude with major building company J Hutchinson to freeze out a non-union waterproofing subcontractor.
The FWC has upheld the sacking of a worker who covertly recorded and shared conversations with colleagues and sent them offensive late-night emails while pursuing old grievances, a tribunal member observing that he "needed to be stopped".
CFMEU administrators who are blocking a FWO attempt to investigate whether the union boycotted an AWU-aligned Indigenous building company must hand over documents after a judge accused them of a "hyper-critical dissection" of a contested notice to produce.
A decorated scientist whose job offer was withdrawn after becoming the subject of a workplace investigation has failed to persuade the FWC that despite the absence of a signed contract, an all-staff announcement and time spent at meetings related to the role established an employment relationship.
A union member acting as a maintenance contractor's health and safety representative has won interim reinstatement while the Federal Court weighs claims that the company sacked him for raising complaints about everything from silica dust exposure to welding fumes and fatigue management.
The FWC has refused to confine same-job, same-pay orders at a BHP coal mine to haul truck drivers, because the site's industrial instruments do not use the term and on-hire employees perform various other roles.
The FWC has upheld the sacking of an employee who worked outside the scope of her role - potentially exposing her employer to liability - despite "defects" in the employer's processes.
The FWC has found employer unfairly dismissed a worker when it cut his shifts after he took up work at a competing branch of the same franchise, because it wanted workers committed to the "awesomeness" of the business.
