A full Federal Court has overturned a ruling that Sydney Trains unlawfully discriminated against a trainee driver it sacked for failing to disclose that she had ADHD and autism, finding a judge relied on a "number of interrelated assumptions" unsupported by evidence.
The FWC has extended time for a worker's one-day-late unfair dismissal claim, finding his employer's "misleading" letter confirming his sacking resulted in his representative miscalculating the deadline.
The FWC has granted separate extensions of time to two workers challenging their dismissals, after attaching significant weight to the deaths of close family members.
The FWC has extended time by seven hours for a care worker to lodge her unfair dismissal claim after a loose power cord stymied a paid agent's "imprudent and careless" late night filing efforts.
NSW nurses and midwives have defied a tribunal's anti-strike orders, telling its members the State Government has left them with "no choice but to fight".
A FWC full bench led by president Adam Hatcher has overturned a two-month suspension of ETU strikes against Transgrid, taking the opportunity to lay out the correct approach to assessing safety commitments when considering whether protected industrial action should be stopped or suspended.
A shareholding employee sacked by his "toxic" family business for raising his voice at a salesperson has won compensation but missed out on reinstatement due in part to his court bid to wind up the company.
The High Court has refused to hear a major hospitality group's challenge to a finding that a FWC bench did not show bias when it raised concerns about an already-approved agreement ultimately revealed to have been voted up by three venue managers and a payroll employee not covered by it.
The FWC has noted the proliferation of a business model serving as a "risk shifting exercise" for host employers, in rejecting a labour hire worker's unfair dismissal claim.
Mining giant Peabody has won special leave from the High Court to challenge a full Federal Court finding that it did not genuinely make workers redundant when it failed to consider whether it could redeploy workers to jobs performed by contractors.
