Browsing: Fair Work Commission and predecessors


Offshore HR manager contributed to chef's unfair chop: FWC

The Los Angeles-based HR manager for the Melbourne subsidiary of a Chinese hot pot chain did not apply enough rigour to investigating claims about a "knife-wielding" chef before sacking her for a second time, the FWC has found.


Multi-employer aircon deal wins more fans

Air-conditioning industry employers have continued to queue to be included in a pioneering private sector single-interest agreement cast by the AMWU as a response to "dodgy", low-paid contract work.


"Inadequate" policy leads to cocaine user's reinstatement

In a warning to employers about ambiguous drug and alcohol policies, the FWC has in a 50-page decision highlighted the "inadequacy" of a multinational company's code as being among the reasons for reinstating a wharfie sacked for cocaine use.


Homeless period meets standard to extend time: FWC

In a decision closely considering when homelessness can provide the "exceptional circumstances" necessary to warrant extending time, the FWC has agreed to hear a one-day late claim after hearing the applicant spent a fortnight after his dismissal sleeping in his car.


Costs for small claims winners; consider FWC role: DEWR

A DEWR review of the procedures available for small claims of up to $100,000 recommends legislative change to enable successful applicants to win costs and an automatic exemption from filing fees in some circumstances, while it also canvasses establishing a small claims jurisdiction within the FWC or creating an industrial court.


Scientist's "infrequent error" sacking justified: FWC

In a decision weighing how close to "perfection" an employee's standards need to be, the FWC has upheld the sacking of an experienced scientist accused of "manipulating" data for a single BHP soil sample among thousands he helped test.


Sacked for breach of non-existent policy: FWC

A large childcare operator has been ordered to pay more than $8000 compensation to a sacked worker falsely accused of telling a parent about her tenuous visa status in supposed breach of a company policy found by the FWC to impose no constraint on such interactions.


Employer too quick to pull trigger over drug result: FWC

The FWC has awarded $20,000 to an on-hire mineworker sacked after testing positive for anti-depressants, finding that more consideration should have been given to his "genuine misunderstanding" of the host's new drug policy.


FWC "truly" world-leading: Catanzariti

Former Fair Work Commission Vice President Joe Catanzariti has opened up about his influences in life, tribunal work, retirement challenges and thoughts on future legislative change.


Extension granted for potentially "unprecedented" case

A FWC full bench has overturned the rejection of a late adverse action application in which a worker claims symptoms caused by Parkinson's disease "perfectly matched" the performance reasons given for his sacking.


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