A senior FWC member has declined to step aside from hearing a resuscitated case involving the Commission's own email fail, covert recordings, a threat to kill and an alleged extortion attempt.
The FWC has criticised the lawyers of an unfair dismissal applicant and his former employer for "point scoring" conduct falling foul of professional conduct rules, while rejecting the latter's costs bid and claim it did not sack the worker despite announcing his redundancy.
The FWC has called out a union bargaining representative for his "unexplained" change of heart about in-person voting for a new deal occurring during a COVID-19 lockdown, noting that his opposition only surfaced after the non-appearance of two holidaying workers helped it get up by a slim margin.
A digital marketer has been cleared to pursue her adverse action claim after the FWC dismissed an employer's contention that her billed hours exceeded those reasonably expected of a "millennial with quick reflexes".
A decision by NSW Trains to discipline a manager by shaving almost 10% off his annual pay constituted a dismissal even though he remains in the job and such action is allowed by its agreement and governing regulations, the FWC has held.
Virgin Australia pilots have ahead of their union's merger with the TWU voted up a new deal that includes a freeze on compulsory redundancies before December next year.
The FWC has redrawn an employer's "line in the sand" over the use of mobile phones while driving forklifts, ordering it to reinstate and compensate a worker after concluding he was harshly sacked for a first safety policy breach.
A senior FWC member has decided to forge ahead and determine whether a "deactivated" Uber driver is an employee, rejecting a bid to stay his unfair dismissal claim until the Federal Court tackles the question in a case he is pursuing with the Rideshare Driver Network.
A senior FWC member has in awarding costs against a law firm queried its "irreconcilable" explanations for missing filing deadlines in an unfair dismissal case.
The High Court's Rossato judgment is already having a knock-on effect, with a FWC full bench questioning its effect on Deliveroo's appeal of a finding that a rider was an employee and proposing not to determine it until the High Court decides two more cases.
