A court has held that a senior National Disability Insurance Agency HR and safety executive who accepted a "very significant financial inducement" to retire early had not been subjected to unlawful adverse action due to his alleged protected disclosures and employment disputes, finding him the "unfortunate victim of a restructure".
For the second time in a year, the FWC has assessed the suitability of a CPSU organiser to hold an entry permit after finding it lacked the power to simply replace her stolen one.
A Federal Court judge will press ahead with hearing TWU arguments for reinstatement and compensation for almost 1700 former Qantas ground crew workers, despite the airline yesterday lodging an appeal against his decision that outsourcing their jobs was unlawful.
A criminal lawyer has succeeded in overturning findings that he unfairly sacked a solicitor and practice manager he accused of "insubordination" and "sabotage", a FWC bench ruling that a tribunal member was too dismissive of his explanation for missing a hearing.
In an adverse action claim accusing labour hire company Chandler Macleod and its chief executive of discrimination based on gender, age and/or s-xual orientation, the former executive GM of its contract cleaning arm alleges she was sacked for complaining about a workload issue.
A four-member FWC bench has left no doubt unfair dismissal matters with contested facts must not be decided on the papers regardless of consent or a lack of objection, a senior member finding a second of his rulings quashed on this basis within a matter of days.
Hospitality industry employers have won approval to roll up overtime, penalty and split-shift rates for full-time higher-paid workers after a FWC full bench rejected union concerns that changing the award for a small cohort could leave a broader group of employees worse off.
A general manager is accusing the Bureau of Meteorology of retreating from a decision to sack her for flying business class and taking two days' leave while on a work trip in Paris, only to hold off on advertising an "obvious" redeployment role until after it retrenched her.
The FWC has refused to stay consideration of another case caught up in the High Court's current slate of matters examining employment status, finding that a former chief executive of just three weeks would be unfairly prejudiced if his adverse action claim was delayed.
An employer will get another chance to argue that it did not dismiss a worker after a four-member FWC bench determined that the company's jurisdictional objection should not have been decided on the papers.
