The Federal Circuit Court should have let a dismissed employee correct the name of her employer in a general protections claim even though it was wrong on the FWC's s368 certificate, the Federal Court has ruled.
An FWC full bench's decision to refuse an employer's appeal might have involved a significant procedural error, but a senior member's "terse" exchange with the company's counsel did not support a charge of bias, a court has found.
An FWC full bench has quashed a finding that the terms of CSL's agreement did not empower the Commission to resolve a dispute about the payment of shift penalties, holding that the deal does not stop the employer moving from an averaging system to a "time worked" regime.
The FWC has opened the way for an on-hire casual employee to challenge his dismissal, after rejecting a labour hire company's jurisdictional objection that he could have no reasonable expectation of continuing employment, or was engaged for a specified task which came to an end.
In the first appeal against a Registered Organisations Commission decision, an FWC full bench has quashed the watchdog's refusal to grant a union more time to submit election information and observed that its approach to defending the case could imply "a lack of impartiality".
The ramifications of recent legislative changes requiring employers to disprove employees' records of hours worked in wage claim cases have been spelt out in a court decision imposing penalties of more than $120,000 on a company and its director for underpaying an apprentice.
The Victorian Supreme Court has today granted a rare representative order against VTHC secretary Luke Hilakari, ordering him not to participate in or organise a picket at a new "robo" stevedore in the Port of Melbourne.
The FWC has acceded to a request to delay an unfair dismissal hearing for two AMWU delegates sacked by Visy Board for allegedly organising unlawful overtime bans, so that they don't prejudice their position in a parallel civil penalty prosecution the company has initiated against the union, an official and 69 employees.
A manager's adverse action claim against a not-for-profit enterprise set up to create a railway tourist attraction is on track, after a court found its substantial, non-peripheral commercial activities characterised it as a trading corporation.
Workers on "outer limits" fixed-term contracts and long-term casuals have been given more latitude to pursue unfair dismissal claims after an FWC full bench decision that brings the accepted precedent on employer-initiated terminations into line with Fair Work Act provisions.
