Saudi Arabia's Australian cultural mission has succeeded in sidelining a Federal Court judge from sitting on a full bench that is reviewing whether it is protected by diplomatic immunity from underpayment claims brought by 45 former employees.
A FWC full bench has dived into the legislative intent behind several key Fair Work Act provisions to find that a presidential member should have determined whether Corrections Victoria "in fact" dismissed a prison officer when it demoted and transferred him, instead of making her extension of time decision on the "assumption" it sacked him.
The FWC has found that a s-x worker is an employee rather than an independent contractor, because of the significant degree of control the employer exerted over her work, including requiring her to maintain an "immaculate" appearance with styled hair, make-up, lingerie and heels.
A US video game company that told a senior FWC member "I wish the United States was as diligent as you guys" about unfair dismissals has been ordered to reinstate an Australian-based tester, after the tribunal applied the new "practical reality" test for employment relationships.
Uber's "farcical", "inane" and "mind-numbing" response to a driver's attempt to challenge it booting him off the platform for alleged misconduct did not satisfactorily explain why he filed his unfair deactivation application 12 days' late, the FWC has found.
An employer remained in the dark about the extent of a worker's acute mental health crisis after she attempted to take her own life, and reasonably concluded that she had abandoned her employment, the Fair Work Commission has found.
The FWC has agreed to hear a bank employee's late challenge to his sacking for allegedly fraudulently disputing a credit card transaction, accepting sufficient doubts surrounded his intentions, the connection to work and the fairness of effectively ending his chances of ever landing a job in the industry again.
The FWC has refused to extend time for a worker who attempted to file his unfair dismissal claim two hours before the deadline, finding that by waiting until the last minute, he risked encountering technical difficulties.
A former ATO director who claims sustained bullying and harassment forced her to move to the AEC has failed to establish it constitutes a dismissal, after she used the Public Service Act's voluntary transfer provisions.
The FWC has ruled that a law firm unfairly dismissed an underpaid paralegal working remotely from the Philippines, after it previously rejected the firm's claim that it had engaged her as a contractor.
