Optus has again failed to overturn a finding that underpaying workers' long service leave entitlements when they leave might count as a continuing offence under Victorian law, clearing the way for the State's Wage Inspectorate to pursue daily fines that could run into millions for the period before the telco rectified the alleged issue.
A FWC presidential member has taken a harder line on extending notice periods for protected action, rejecting Virgin Australia's bid to increase warnings of strikes and bans from three to seven days, because it would result in diminished worker bargaining power.
In a matter closely examining when building workers can down tools in response to potential safety risks, a court has found that two union officials breached workplace laws when involved in effectively shutting down a major construction site over concerns about a fire hydrant and a belligerent project manager said to pose a "psycho-social hazard".
A judge has lamented the shortage of "common sense" on display in a case in which a union contends a government agency breached its agreement's secure jobs and consultation provisions when it engaged a roadworks contractor.
In a significant ruling on agreement coverage, a full Federal Court has found that two Catholic school teachers are entitled to pay rises contained in new deals despite resigning before they took effect.
The FWC has castigated an employer for its "unconscionable" and "intimidatory" written notice suggesting that a casual duty manager committed theft and fraud when she failed to pay for a drink or offer an explanation for missing stock, while it has also lambasted its representative, Clubs NSW, for its "unprofessional" conduct in characterising her conduct as criminal.
The FWC has upheld the sacking of a kitchen hand who turned up intoxicated in his own time to prepare for his next shift, but has berated the employer over its "failure to exercise basic decency" when leaving him to find his own way home.
The 12-day gap between a concreter's two-day "trial" and starting full-time work did not count as "continuous" employment, leaving him just shy of the statutory minimum necessary to challenge his dismissal, the FWC has found.
A court has thrown out claims by a HR consultancy's former chief executive that she experienced relentless bullying, unilateral pay deductions and an excessive workload before her unlawful sacking in 2020 for allegedly misusing a corporate credit card.
