The FWC has pointed to a worker's knowledge of the 21-day deadline for filing general protections claims in declining to allow his late application to proceed, despite finding that responsibility for the delay rested "overwhelmingly" with his lawyers.
The FWC has "reluctantly" found that in focusing only on the positives an employer failed to adequately explain a newly consolidated deal opposed by one branch of the HSU but supported by its embattled Victorian No 1 branch.
In the first full consideration of new powers to order digital platforms to reverse the deactivation of their workers, the FWC has thrown out a former Uber driver's application after clarifying that the minimum six-month qualification period needs to be both recent and largely continuous.
The Fair Work Act's compensation cap has operated inequitably to allow Guzman y Gomez to "benefit from its poor treatment" of a hard-working casual denied shifts while a HR manager maintained she remained employed, a senior FWC member has found.
The FWC has rejected an individual bargaining representative's bid for an intractable bargaining declaration after finding negotiations with a major transport operator have merely "stalled" and are not yet at a stalemate.
A casual Coles worker with limited availability has failed to overturn his sacking following a hiatus of more than three months, but the FWC says the store manager should have taken an additional step before dismissing him.
A FWC presidential member has set out the extent to which he considers untested allegations should influence issuing of entry permits, while considering evidence that included CFMEU construction division administrator Mark Irving KC accusing a site manager of "play acting" in a confrontation with a union official captured on video.
A listed gold producer has succeeded in halving a mine caretaker's redundancy pay after the FWC found that it trimmed the "uncomfortable" responsibilities in a proposed alternative role to the point where it almost mirrored his existing job.
A FWC bench has refused a UFU request to further adjourn its intractable bargaining case with the FRV in an effort to keep the matter "on track" and has scheduled a three-week hearing, 18 months after it became the first vehicle to test the Commission's new deadlock-breaking powers under the Secure Jobs legislation.
The FWC has found that an employer failed to implement recommendations from two bullying investigations conducted by the Ai Group and should now consider leadership training for the former manager of a worker who quit after the filing of the dispute case.
