In an instructive decision on the treatment of post-dismissal medical evidence, an FWC full bench has thrown out the appeal of a prison officer declared fit after being sacked on medical grounds, while again taking a swipe at his union's handling of the matter.
The FWC has confirmed the right of employers in safety-critical industries to dismiss workers whose out-of-hours conduct impairs the safe performance of their duties, in the case of a flight attendant who called in sick during a layover after being hospitalised with a blood-alcohol reading of .205.
Unilever has successfully challenged a requirement to count employees' prior periods of casual and seasonal work when calculating length of service for redundancy payouts, an FWC full bench calling into question a landmark 2016 majority finding that casual work should be included.
A company that relied on an FWC online calculator to notify workers of a ballot has had the resulting agreement thrown out for failing to provide the statutory seven-day access period, prompting a senior Commission member to lament his inability to "overcome what is clearly a procedural failure".
A state IR commissioner has recused himself from hearing a high-profile adverse action case after admitting he shouldn't have perused material from the state's anti-corruption body that contradicted other evidence, before he considered admitting it.
An FWC full bench has quashed a finding that BHP Coal should have kept paying or considered alternative duties for a mineworker while his driving licence was suspended, saying it would be tantamount to requiring an employer to excuse from duties but pay workers who turned up drunk.
A company director has been found personally liable for her company's adverse action when a visa worker was threatened with the sack for speaking to an FWO inspector.
In a rare "assumed disability" discrimination case that has exposed legislative shortcomings, a tribunal has awarded $20,000 to a public servant forced to take sick leave over concerns about her enthusiasm for conspiracy theories.
In a decision confirming that employers must "expressly" advise workers when their job is at risk and provide them enough time to demonstrate improvement, an FWC full bench has quashed a finding that a bike shop complied with the Small Business Unfair Dismissal Code when sacking one of its mechanics.
In a ruling that builds on the recent "shadow lawyers" decision, an FWC full bench has found that a large company with in-house IR legal expertise does not require approval to engage a law firm to prepare its defence of a self-represented worker's dismissal claim.
