More working days lost, as PABOs burgeon; Super Retail suppression orders upheld; Most rapid membership growth in youngest workers: ACTU; and NSW IRC seminar on awards.
The FWC has refused to hear a BP worker's three-day late challenge to her sacking after she revealed she ignored a clear direction not to record the disciplinary meeting at which the employer summarily sacked her.
A transport company is to be referred to the FWO over its "alarming" indifference to its obligations as an employer, after an unfair dismissal case in which it exhibited "disregard" for the FWC before being ordered to pay $30,000 to a former worker sacked without warning.
The FWC has ruled an employer had a right to refuse to pay sick leave to a worker recently warned about his "particularly excessive" use of the entitlement, while finding it nevertheless "irrelevant" whether cosmetic surgery or a burst appendix explained his absence.
In what might stand as one of the last FWC cases relying on the High Court's 2022 Personnel decision to establish whether a worker is an employee or an independent contractor, the tribunal has rejected a manager's claim that she maintained the same role at a fintech company despite resigning and signing a contractor agreement as part of a move to Canada.
A FWC full bench has found a presidential member denied two workers procedural fairness when he took the "precipitous step" of dismissing their general protections applications before they received his email warning he might do so because of their failure to lodge submissions in reply.
An executive on workers compensation for a "psychological injury" related to a stumble and strain while working from home has failed to secure stop-bullying orders against her employer and a HR business partner or establish they put her at risk by asking her to return to the office following a domestic violence incident.
An employer must pay more than $30,000 compensation to a manager sacked over suspicions that he was taking it for a ride over sick leave, a fact only revealed under questioning by a FWC member.
