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.
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.
An employer has failed to win a stay on a FWC decision knocking back its request to be represented by a lawyer, which would have delayed an underpayments case, after a senior member found its agreement only allows representation for those initiating disputes.
The FWC is seeking feedback on an implementation plan it has released today for its new powers to provide remedies for gig workers who have been unfairly deactivated and transport workers who have had their contracts unfairly terminated, while it has allocated a deputy president to oversee those areas.
The IEU has today filed a supported bargaining application with the FWC to push for a 25% pay rise for teachers in more than 100 NSW community-based preschools, arguing it is a sector lacking HR and IR expertise that needs "stewardship and support" to facilitate talks.
Unions will bargain for artificial intelligence "productivity clauses" to ensure workers are paid a "fair share" of additional wealth created by the technology rather than just generating "super profits" for employers, under a new ACTU policy.
Legislation introduced recently to Queensland's Parliament imposes a positive duty that goes beyond the Respect@Work model, adds new protected attributes to the Anti-Discrimination Act and improves protections for workers assaulted on the job, but the State union peak body is disappointed it continues to permit religious bodies to discriminate in employment.
An organisation that supports members of the Stolen Generation did not have a reasonable basis for dismissing a worker for alleged "cultural insensitivity", but other conduct would have justified her sacking if it followed a proper process, the FWC has ruled.
