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A tribunal member has torn up his own certificate sending an adverse action case to court after accepting he prematurely found that efforts to resolve the matter had been exhausted.
Justice Ingmar Taylor, the president of the NSW Industrial Court that has been re-established this month by the Minns Labor Government, has told a ceremony to celebrate its rebirth that the recent scrapping of the former government's public sector wages cap reinstates the "broad and unfettered power" to arbitrate disputes bestowed on the institution by the State IR Act's architect, Jeff Shaw.
An employer that sacked a worker absent on sick leave via an afternoon email has failed to establish she missed the deadline for filing a general protections claim, after the FWC held that she had no obligation to read it until she checked her messages the next day.
A major employer has for the second time in a year been ordered to reinstate a worker after the FWC again identified fatal flaws in its investigation processes.
The FWC has laid bare the difficulty of running what amount to underpayment cases against universities, finding in a union-run matter that not only did the employer have no system in place to reliably record hours but that the tribunal lacked the power to order compensation anyway.
Wilson Security unlawfully denied a FIFO guard proper breaks within roster cycles and made him work an extra 15 unpaid minutes for "handover" at the start of each shift, a court has held, but a manager who reinforced the requirement was not an accessory.
Unions locked in the Wilmar Sugar dispute say they have held over an urgent application to stay a ban on protected action, ahead of a FWC full bench appeal on Friday.
In a decision an employer argues has "substantial" implications for most businesses, Fire & Rescue NSW has been ordered to pay a health and safety representative for time spent conducting unapproved inspections on his days off.
Parties involved in the FWC's consideration of gender undervaluation in five care and community sector awards will have a chance to agree on a methodology for assessing work value at a conference next Monday.
The FWC has told two drone operators to trim their anti-bullying claims against officers from regulatory authority CASA after emphasising that its jurisdiction does not extend to picking over another body's administrative decisions in isolation.