A child care centre that sacked a carer on the same day it conducted an impromptu performance assessment was not motivated by her earlier exercise of a workplace right when she complained about her treatment, the FWC has ruled in a consent arbitration.
The Fair Work Commission, in a decision published today, says it suspended the MUA's protected industrial action at Patrick container terminals to allow further private negotiations to be assisted by presidential member Anna Booth.
Making a project manager redundant after granting his request to be transferred to a less secure position did not constitute adverse action as the new role was better for his mental health and the employer's decision was based on his competence, qualifications, tenure and a business downturn, a court has found.
The FWC has upheld the dismissal of an employee who harangued a colleague before pushing him fully clothed into a swimming pool during the company's Christmas party.
A full Federal Court has quashed a finding that a $45,000 penalty imposed on the CFMEU should be paid to the federal government, because it would have provided a "windfall" gain for an organiser the union subjected to adverse action.
The FWC has confirmed the MUA's right to represent "waterside workers" employed by the construction contractor for the Darwin Harbour facilities being built as part of INPEX's major Ichthys LNG project.
Prior employee misconduct that did not result in dismissal but demonstrates a "pattern of unacceptable behaviour" must be considered when determining unfair dismissal cases, a Fair Work Commission full bench has ruled.
The Fair Work Commission has today imposed a 35-day cooling-off period at Patrick's container terminals in four cities, halting strikes scheduled for Monday and Tuesday.
The AMWU has failed in its bid to obtain an entry permit for an organiser involved in the notorious Westgate Bridge dispute because imposing additional permit conditions would amount to "no more than shutting the stable door after the horse has bolted", says the FWC.
An FWC presidential member has expressed "wonder" at having to reject an agreement for a major labour hire company that turned the simple process of providing employees with a bargaining representation notice into a "debacle".
