The High Court has unanimously rejected mining giant Peabody's challenge to a finding that it failed to satisfy workplace laws governing redundancies when not properly considering alternative roles for 22 workers dismissed in 2020, ruling that the FWC was within its rights to delve into options like replacing already-engaged contractors.
The FWC has upheld the sacking of a long-serving Woolworths warehouse worker who took almost 100 days off in the last year alone, finding the supermarket giant's leniency over many years did not preclude it from switching to a stricter approach.
The Federal Court has put unions on notice about what to expect from status quo provisions in dispute resolution clauses, tossing out the AMWU's bid for declarations and penalties against Opal Packaging for changing the way drug and alcohol tests are conducted.
An employer that owes a worker more than $9000 in unpaid wages constructively dismissed her by underpaying her and consistently failing to pay her on time, if at all, the FWC has ruled, ordering it to pay $27,425 compensation.
The FWC has criticised a government department's premature destruction of CCTV footage that might have revealed the truth about a sacked bus cleaner's alleged theft of a handbag left on board.
The High Court will on Wednesday hand down its ruling on what mining giant Peabody says is a "critical" test of the laws governing whether a redundancy is genuine.
The FWC has awarded indemnity costs against an IT company for its vexatious defence of an unfair dismissal claim that included a HR consultant's "astonishing" approach to the worker's new employer to establish his earnings.
A worker has lost his ability to lodge a general protections application challenging his sacking after waiting more than three weeks to hear back from the FWC's Workplace Advice Services program, with the tribunal refusing to grant an extension.
The FWC has slashed the redundancy payout owing to a university facilities manager who turned down an alternative role encouraging weekend work to take up a higher paying position with fresh opportunities.
The FWC has pointed to a Victoria Police branch's brush with the "red line threshold" for public sector service delivery as reinforcing the business case for rejecting a prosecutor's request to work from home on Mondays.
