A schoolteacher "absurdly" sacked for yelling at students has won maximum compensation, after a FWC member retreated from his initial order to reinstate her.
A $400,000-a-year company lawyer's adverse action case has fallen at the first hurdle after the FWC found him bound by a settlement deed despite claims that its terms had not been finalised.
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.
As plans for a national portable entitlements scheme remain in limbo, the NT's Finocchiaro Government has repealed legislation that would have extended portable long service leave to the community services sector, arguing that it would result in increased fees for parents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.
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.
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.
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".
A new UK bill introduced by the Starmer Labour Government seeks to reduce the qualifying period for protection from unfair dismissal from two years to an employee's first day of work, although employers will potentially have an initial nine months in which to sack those "not right for the job".
Drawing on limited legislative guidance and case law on instalment payments, the FWC has ordered an employer to split a $30,000 compensation payment over two months rather than the 12 it sought, finding the worker entitled to the "fruits" of his claim "in a timely manner".
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.
