A FWC full bench has refused to overturn the dismissal of a worker in a safety-critical role, upholding a member's finding that the seriousness of the worker's three positive drug tests outweighed procedural shortcomings.
The FWC has upheld the sacking of an aged care home manager found to have signed off on a colleague's "ludicrous" work-from-home arrangement while apparently harbouring hopes that their close relationship would deepen.
A dance instructor's refusal to take out the rubbish did not justify his sacking, the FWC has held, while his visa status has contributed to a finding of harshness.
A full Federal Court has quashed a first-of-its-kind FWC full bench majority finding that the tribunal has the power to make a workplace determination on contested bargaining matters after an agreement has already won approval.
In a significant judgment on the statutory nature of a "proposed enterprise agreement", a Federal Court has rejected arguments that rail unions lost protection of their industrial action once the bargaining focus changed from a single to a multi-employer deal.
Virgin Australia has failed to reverse the reinstatement of a flight attendant sacked for drinking a glass of prosecco within eight hours of a shift, and further accused of breaching its fatigue management policy by having s-x after requesting a shift change due to tiredness.
A FWC presidential member has lambasted a union's legal team for leaving an illiterate member "high and dry" when deciding not to pursue a "more than arguable" dismissal challenge that ultimately led to reinstatement with full backpay.
Workplace Relations Minister Murray Watt has weighed into a crucial full bench same-job, same-pay test case targeting BHP's in-house labour suppliers, ahead of a hearing that starts Monday, contradicting claims the carve-out for service contractors captures any work that is "more than the mere supply of labour".
The FWC's edginess over small-cohort deals has come to the fore again after a member exercised his discretion to allow unions to insert themselves in the approval process for an agreement voted up by three workers, despite having no standing as bargaining representatives.
A FWC full bench has advised a worker of her right to enforce in court a seven-months-late $32,000 unfair dismissal compensation order, after it ruled that a commissioner correctly understood that the company misinterpreted her "this is shit" curse in her "thick" Scottish accent as "I quit".
