Browsing: Federal | Page 44 (7,226 items)


Restraints did not render dismissal unfair: FWC

The FWC has rejected a real estate agent's claim that his employer fooled him into resigning, finding its move to enforce post-employment restraints after he joined a competitor did not retrospectively turn a mutually agreed separation into an unfair dismissal.


NT scraps "costly" portable leave scheme

As plans for a national portable entitlements scheme remain in limbo, the NT's Finocchiaro Government has repealed legislation that would have extended portable long service leave to the community services sector, arguing that it would result in increased fees for parents using childcare and would be too costly for the Government.


Suspension justified by burden on mums, babies: FWC

A 48-hour midwives strike would have endangered the lives of mothers and babies, the FWC has ruled, in newly-published reasons explaining why it suspended the stoppage.


No pearl in oyster bar's costs claim

The FWC has rejected an employer's $5000 costs claim against a self-represented worker while questioning its use of lawyers, finding some expenses not "judiciously incurred" in defending her constructive dismissal case.


Entry permit granted after prison salvation

The FWC has issued an entry permit to a CFMEU organiser previously imprisoned for a two-day robbery spree, after an initially leery presidential member accepted that the former methamphetamine addict has turned his life around.


Nine-week mental health break defeats deactivation claim

The FWC has found that a nine-week gap in an Uber Eats driver's recent work history made him ineligible to claim unfair deactivation, while refusing the company's bid to import the "reasonable expectation of continuing work" principle from the unfair dismissal jurisdiction.


Non-optimum deed enough to satisfy notice requirements

In a genuine redundancy ruling, the FWC has confirmed that it simply needs to consider whether employers have notified a retrenchment in writing, rather than whether they have provided notice in "the most optimum manner".


SJSP orders not unfair, unreasonable: FWC

A former Labor MP and current FWC deputy president has, after fending off another recusal application, dismissed claims it would be unfair, unreasonable or unconstitutional to grant same-job, same-pay orders lifting the pay of on-hire workers at a Whitehaven coal mine by up to $30,000 a year.


Junior court identifies limits of whistleblower remedies

The Federal Circuit and Family Court has told a senior manager it lacks the power to declare Bunnings breached whistleblower laws when it allegedly sacked him after he accused it of short-changing staff, but it can award compensation if his claims succeed as part of his adverse action case.


Secret recordings lawful if solely to aid "recall": FWC

A worker's covert recordings of disciplinary meetings might have been lawful if he had only used them to "aid his recall", rather than submitting the audio and transcripts as evidence in his unfair dismissal case, the FWC has ruled.


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