Browsing: Fair Work Commission and predecessors


Shifts between valid visas justified sacking: FWC

Working without a valid visa defeated a Costco employee's unfair dismissal claim, despite the necessary permit arriving within days of his sacking, the FWC has found.


Weak case required only a "modicum" of legal advice: FWC

An employer has clawed back just a fraction of costs it incurred in defending a "weak" and unreasonable unfair dismissal case after the FWC questioned why it needed lawyers to face off against a self-represented trainee nurse who "was not a formidable opponent".


Driver assistant's sacking upheld despite "differential treatment"

The FWC has upheld the sacking of a Qube worker despite finding she was treated less favourably than two colleagues over a safety incident causing 20 train wagons to roll away, but it has suggested the employer "revisit" potentially disciplining the exonerated pair.


Frozen-out worker harshly treated: FWC

In a decision emphasising the importance of independent medical examinations, the FWC has found it was unfair to dismiss a cold storage worker over an inability to endure sub-zero temperatures without first heeding his doctor's advice to trial a reduced workload.



High Court to hear genuine redundancy case next month

The High Court will next month begin hearing mining giant Peabody's challenge to 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.


Qantas, union "align" over on-hire crew pay

The FAAA says an "in-principle" agreement with Qantas to pay on-hire cabin crew the same as their directly engaged colleagues will be "life changing", but while the Flying Kangaroo has committed to backpaying the difference to November last year it is apparently unable to indicate when it might hit workers' pockets.


"Pregnancy brain" a factor in late application: FWC

A customer service operator's "pregnancy brain" contributed to her filing a late application contesting her redundancy and was among the factors justifying an extension, the FWC has found.


Redundancy upheld despite deficient consultation

A major construction company has avoided having to compensate a worker despite failing to properly consult with him over his redundancy, after the FWC found on balance that such "deficiencies" ultimately did not make the dismissal unfair.


UFU hit with costs after challenge goes up in smoke

The UFU has been ordered to pay indemnity costs to Fire Rescue Victoria after a full Federal Court found that its challenge to FWC production orders was both "misconceived" and doomed in the face of binding authorities.


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