The FWC has reinstated four workers after finding they were not "genuinely redundant" and that their employer took an "unduly hasty and largely tokenistic" approach to meeting its consultation and redeployment obligations.
FWC President Iain Ross has asked a full bench to review abandonment of employment clauses in six modern awards after a recent ruling that employers must take the "additional step" of ending the employment relationship when a worker walks off the job.
The CFMEU's mining and energy division has pledged to appeal a "shocking" FWC full bench decision that it claims would slash redundancy benefits for coal mining employees.
The FWC has accepted an employer's argument that the "paramount" importance it placed on OHS justified its sacking of a long-serving employee with an "unblemished history" who recorded more than twice the workplace blood alcohol limit after drinking four glasses of red wine the previous evening.
The FWC has found the sacking of an HR officer for underperformance was an unfair fait accompli, determining that she was given inadequate opportunities to improve and insufficient notice that her job was in peril.
Victoria's Civil and Administrative Tribunal has ruled it has no power to hear a consumer protection claim by a former AEU member who is pursuing the union for $43,000 she spent on lawyers after it refused to represent her.
The FWC has found it was harsh to dismiss a nurse who tagged two colleagues to a s-xually explicit Facebook video and said they were "slamming" each other, set-up a mock masturbation scene on a workmate's desk and referred to a senior manager in crude derogatory terms.
An employer that made seven of its employees redundant without properly considering "job swaps" with others breached its statutory obligation to explore redeployment options, an FWC full bench has found.
A cleaner who was tricked into believing that he was cleaning up after a "s-x romp" in a school staff room and then developed psychological problems as a result of his "deep humiliation" has been awarded more than $150,000 in compensation.
