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Ruling provides guidance for unvaxxed unfair dismissal claimants

A FWC presidential member has issued a 10-point rebuttal of COVID-19-related arguments put by a sacked unvaccinated worker, to help her to consider whether to proceed with positions likely to be "irrelevant" in her unfair dismissal claim and that have been "emphatically rejected in numerous cases" before the tribunal and courts.


$33K for wrongly-sacked COVID-19 mandate objector

A mining equipment manufacturer that admitted to wrongly sacking a warehouse worker for failing to comply with a government COVID-19 vaccine mandate that did not apply to her must pay more than $33,000 compensation, after the FWC slashed her payout by half.


NT to introduce positive duty

The NT is planning to impose a positive duty on employers to eliminate discrimination, sexual harassment and victimisation, while it also intends to expunge an exemption that permits religious schools to discriminate against LGBTIQ+ teachers.


Hitler parody worker's "stealth" pay bid rejected

The creator of a Hitler parody video mocking BP's bargaining process who won compensation exceeding $200,000 for his unfair sacking has lost a "stealth" bid to recoup extra pay he would have earned but for the company's decision to revoke a planned promotion.


FWO case runs into High Court contractor ruling

The FWO has lost its appeal against a finding that four allegedly underpaid delivery drivers were independent contractors rather than employees, the judge observing that the case was "much harder" to decide than the recent High Court ruling that guided him.


Power to choose AEC for ballot unclear: FWC

In a decision casting doubt on the FWC's ability to commission the AEC to conduct MSD ballots, a senior member says it would be better if the IEU confers directly with workers at a small crèche after deciding to exclude their manager from coverage of a proposed agreement.


Grounded Virgin flight attendant gets job back

The FWC has reinstated a senior Virgin flight attendant accused of tardiness, stealing snacks, sleeping and watching a movie while on duty, finding pandemic-driven loads on HR delayed the airline's investigation and contributed to procedural fairness deficiencies.


Limited revival for Schedule X unpaid pandemic leave

Just a month after declaring its intention to delete "Schedule X" unpaid pandemic leave provisions, the recent COVID-19 resurgence has spurred the FWC to extend their operation in a handful of health and care awards, coinciding with the Federal Government reviving the pandemic leave disaster payments.


Contention over Bill's removal of gendered language

A proposal by Queensland's Palaszczuk Labor Government to remove gendered language from parental leave entitlements is the beginning of the end of "women" as a protected class at law and risks making mothers invisible, according to submissions on its IR Bill.


Queensland teachers in line for rises of up to 7%

The Queensland Government appears to be continuing the rollout of its revised public sector wages policy, reaching an in-principle deal with the State's teachers that will deliver 11% in pay rises over three years, plus "cost of living top-up payments" of up to 3% a year.


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