In a decision questioning the value of medical certificates issued over the internet, a senior FWC member has excoriated a Melbourne lawyer after finding he claimed sick days in order to attend the AFL's Gather Round in Adelaide and "inexcusabl[y]" provided false evidence in pursuing his unfair dismissal case.
Catholic school employers have escaped penalties for withholding backpay from two teachers who resigned before new agreements' retrospective pay rises came into effect, a judge finding that the deals' ambiguities contributed to the "honest and reasonable" mistake.
The FWC has held that it has no power under the Fair Work Act's flexible work dispute provisions to deal with a National Australia Bank worker's challenge to the cancellation of her WFH flexibility arrangement after she allegedly failed to comply with its terms.
The FWC has in approving a CFMEU-lodged labour hire deal made with two NSW construction workers discussed the circumstances in which small cohort agreements might succeed.
Workers should not refuse to resolve bullying at a workplace level just because they have an anti-bullying case underway, the FWC has found in dismissing a chief executive's claim against her husband during divorce proceedings, finding only a single instance of unreasonable conduct.
The FWC has found a top sales operator made redundant the day before her parental leave started was in fact unfairly dismissed, with her employer apparently transferring into her role its lowest performer "by a significant margin".
The FWC has found a supervisor's "grossly inappropriate" treatment of young subordinates amounted to a significant breach of his obligations and warranted his summary dismissal.
In a significant judgment on the level of proof required to establish an unlawful boycott, a High Court majority has upheld a finding that the CFMEU's construction and general division did not collude with major building company J Hutchinson to freeze out a non-union waterproofing subcontractor.
The FWC has upheld the sacking of a worker who covertly recorded and shared conversations with colleagues and sent them offensive late-night emails while pursuing old grievances, a tribunal member observing that he "needed to be stopped".
CFMEU administrators who are blocking a FWO attempt to investigate whether the union boycotted an AWU-aligned Indigenous building company must hand over documents after a judge accused them of a "hyper-critical dissection" of a contested notice to produce.
