In a decision confirming that employers must "expressly" advise workers when their job is at risk and provide them enough time to demonstrate improvement, an FWC full bench has quashed a finding that a bike shop complied with the Small Business Unfair Dismissal Code when sacking one of its mechanics.
The FWC will next week respond to reports urging it to speed up and reduce the cost to employers of unfair dismissal and adverse action claims, with a new small business division being held out as a chance to weed out "frequent flyers" pursuing applications of dubious merit.
In a ruling that builds on the recent "shadow lawyers" decision, an FWC full bench has found that a large company with in-house IR legal expertise does not require approval to engage a law firm to prepare its defence of a self-represented worker's dismissal claim.
A WA law firm will have to defend a restricted legal practitioner's underpayment and unfair dismissal claims after it failed to convince the state's IRC that he was an independent contractor, with the tribunal finding that only common law employees can be engaged in such roles.
An HR manager who engaged in a "concerted campaign" against her employer's interests, openly compiling a dossier about it and exceeding her authority by initiating a colleague's redundancy, has failed to win back her job.
The FWC on rehearing a yard hand's dismissal application has observed his employer's lack of HR expertise did not wash as an excuse for the "disgraceful and grossly unfair" sacking, but slashed compensation due to his vulgar language and propensity to snap when frustrated.
The FWC has chastised an employer for failing to abide by "industrial fair play" when it neglected to tell a worker it would seek to slash his redundancy payment if he didn't accept an alternative role.
The ACTU's triennial Congress has endorsed a proposal for state and federal governments to enact industrial manslaughter laws, after maritime union leader Chris Cain told delegates that employers who recklessly kill workers should face $20 million fines and 20 years behind bars.
