A State corporation, in the face of medical evidence, lacked the discretion to deny extra sick leave to a worker with a bad leg break that it believed didn't meet the definition of a serious long-term injury, the FWC has found.
The FWC has lamented the "failings" of an IR advisory business that wrongly told an on-hire worker to bring his general protections claim against his host employer.
The FWC has moved to correct two perceived wrinkles in the award covering salaried IT professionals, engineers, scientists and gaming sector employees that have led to some being paid as little as $22 per hour and "excessive litigation" over its disputed coverage of unfair dismissal applicants.
The FWC has declared after eight unfair dismissal applications and 24 matters in total over two years that it will no longer entertain a persistent worker's quest for satisfaction through the tribunal.
A FWC member has expressed concern that a new model award clause preventing employers from directing workers to take unpaid leave during shutdowns will lead to more disputes over rejected annual leave requests.
A big employer's failure to give union representatives a "heads up" that it would impose a vaccination mandate did not necessarily render its subsequent dismissal of 25 workers unfair, the FWC has found.
A listed company's "extraordinary" admission that it failed to correct workers who mistakenly believed they had to be union members to negotiate a deal has torpedoed its bid to terminate its agreement.
The FWC has compensated a worker sacked for making "racist" comments, finding her employer's handling of her dismissal "appalling" and that it had been "very unfair to label her a racist person".
A leading IR law academic has welcomed the Albanese Government's return to a more open process for FWC appointments, as DEWR seeks expressions of interest for vice president, deputy president, commissioner and expert panel member roles, but he says structural reform is needed to rebalance the tribunal.
