Casuals cannot be "dispensed with" simply by reducing their hours to zero, the FWC has ruled, clearing the way for a worker to proceed with his adverse action claim.
The FWC has given the go-ahead to a scientist's adverse action case despite claims she "played" the employer by obtaining a reference stating she resigned for health reasons, before refusing to sign a release deed and initiating legal action.
Stevedoring giant Qube has failed to head off a multi-million lawsuit after the FWC found it had no standing to seek retrospective agreement variations affecting dockworkers' pay.
As the FWC seeks feedback on draft principles it will have to factor in when deciding whether deals are genuinely agreed, an early ACTU submission lists multiple ways employers should facilitate union involvement, along with a "rebuttable presumption" it is authentic where registered unions support approval.
The FWC has ordered the reinstatement of a construction worker sacked on the basis of a clutch of "confected" claims that included alleged commuting challenges after losing his driver's licence and his purported concealment of firearms and pornography charges.
"Similarities" with the case of a worker awarded compensation after being shown the door for missing a COVID-19 vaccination deadline have not been enough to persuade the FWC that a public utility unfairly dismissed an employee when it denied him a chance to wait for a Novavax jab.
The FWC has rejected the FWO's forceful arguments against renewing a union organiser's entry permit after weighing his history of transgressions, doubts over whether he paid a court-ordered personal fine and evidence that training had better equipped him to avoid potential future breaches.
The FWC has warned a radiology provider whose HR manager took an "ill-informed" position that it risks a civil penalty and underpayment claims if it requires part-timers to put in extra hours without overtime pay or agreement and fails to put working patterns in writing.
A judge irked by a multinational company's attempt to cast its underpaying subsidiary's award breaches as the court's "alternate interpretation" has imposed a near-maximum fine.
