A FWC full bench has decided to park its consideration of whether to bring forward the trigger for consultations in model agreement clauses after employers expressed "alarm" at the prospect of requiring it when proposing to introduce a major change rather than when they make a "definite decision".
An employer has clawed back just a fraction of costs it incurred in defending a "weak" and unreasonable unfair dismissal case after the FWC questioned why it needed lawyers to face off against a self-represented trainee nurse who "was not a formidable opponent".
The FWC has upheld the sacking of a Qube worker despite finding she was treated less favourably than two colleagues over a safety incident causing 20 train wagons to roll away, but it has suggested the employer "revisit" potentially disciplining the exonerated pair.
In a decision emphasising the importance of independent medical examinations, the FWC has found it was unfair to dismiss a cold storage worker over an inability to endure sub-zero temperatures without first heeding his doctor's advice to trial a reduced workload.
An accounts manager seeking a month-long extension to lodge an unfair dismissal claim after initially filing a blank form has failed to convince the FWC it was exceptional that she missed the FWC's replies as they landed in her junk mail.
A customer service operator's "pregnancy brain" contributed to her filing a late application contesting her redundancy and was among the factors justifying an extension, the FWC has found.
The FWC has become overly focussed on verifying workers' eligibility for flexible work requests by imposing onerous evidentiary requirements on them, which has limited the effectiveness of its new dispute power, a researcher has told the review panel in her response to its Secure Jobs, Better Pay draft report.
A TWU delegate and rubbish truck driver who drank six beers at a union event but suggested his David Beckham cologne and sanitiser might explain his low-level positive reading for alcohol at work the next morning has failed to overturn his sacking.
After the UFU refused to comply with a FWC order to hand over a trust deed for an income protection scheme, the Federal Court has also ordered the union to produce the document.
