In a decision exploring when employers can be said to have repudiated employment contracts, the FWC has ruled that a multinational dismissed a worker when it "unilaterally" withdrew his company car without compensation following a collision with a kangaroo.
Employers operating in high-risk environments such as aged and child care have been given further confidence that they can force workers to immunise after the FWC today upheld the sacking of a long-serving care assistant who refused a compulsory flu shot on allergy grounds.
A pick-a-box promoter working two-hour shifts was an employee capable of being dismissed despite being paid on the basis of "periodic" invoices that included her ABN, the FWC has held.
Deliveroo says it won't accept a FWC finding that a sacked rider was an employee entitled to protection from unfair dismissal or that it reflects how riders work in practice, but the TWU says the ruling puts Australia in line with other countries that recognise gig workers' rights.
The FWC has in finding a Deliveroo rider was an employee who must be reinstated criticised the platform for a "callous and perfunctory" dismissal "most notable for its absence of compassion".
A FWC full bench has quashed a ruling that a worker's extension of time bid lacked exceptional circumstances, finding it a "clear case" of representative error by his solicitor.
A manager placed on "death row" after missing sales targets has had his one-minute-late unfair dismissal application rejected despite the FWC finding he had an arguable case.
A full bench has overturned an extension of time, originally granted on the basis of his union's representative error, for a truck driver summarily sacked by Coles Supermarkets after testing positive for methamphetamine and cannabinoids.
A worker who suffered 11 seizures the day after his sacking has won permission to pursue an unfair dismissal claim lodged five months' late, despite his employer arguing that the "trail is now very cold".
