Browsing: Fair Work Ombudsman and predecessors


Retailer urged to reflect on "subjective" redundancy process

The FWC has urged David Jones to improve its retrenchment processes, while opening the way for a long-serving worker to pursue an unfair dismissal case after the department store deemed her unsuitable for redeployment to an area serving "elevated" clientele.


Jettison employers' "minimalist" disconnect model: ACTU

The ACTU says the "right to disconnect" clause to be inserted into awards should provide "descriptive guidance" on how the entitlement would operate and the FWC should reject employers' proposed "minimalist" approach, ahead of consultations next week and the Commission releasing a draft provision next month.


"Substantial" roster changes prevent redundancy pay cuts

The FWC has refused to reduce two FIFO workers' redundancy pay, finding that redeployment offers did not amount to "other acceptable employment" because they were given insufficient time to consider roster changes that would also have reduced their time at home.


No allowance for paramedic upskilling 200km from home

The FWC has found a paramedic is not entitled to a living-away-from-home allowance as he chose rather than was directed to undertake additional training his employer provided 200 kilometres from his residence.


Rule changes will help union meet governance obligations: FWC

The FWC's registered organisations branch has certified rule changes for a prison officers' union stemming from an enforceable undertaking made after the CPSU-SPSF disclosed alleged misconduct in branch elections.




Valid reason "need not be the one given": FWC

In a case that yesterday earned a mention in Parliament, the FWC has overlooked an employer's reasons for sacking a volatile employee to find that his own evidence that he was "not right" to return to work because mental health issues justified the dismissal.


Opposition probes FWC on alleged internal bully/harass case

Shadow workplace relations minister Michaelia Cash has quizzed FWC general manager Murray Furlong on a "potentially serious" bullying or harassment allegation involving a tribunal member, and has questioned the ability of a former gang member to retain his entry permit while facing criminal charges.


"Theft" case errors not significant enough: Bench

A FWC bench has upheld a ruling that a club unfairly sacked a casual duty manager after accusing her of stealing a drink, but not before rejecting a presidential member's finding that the "theft" needed to be established "beyond reasonable doubt" and that the employer used an "intimidatory" dismissal process.


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