Australia had less need than other countries to turn to legislation to provide short-term workplace flexibility in response to COVID-19 because of "swift" and "bold" yet self-restrained interventions by the FWC, according to new research.
A tribunal has ordered the NSW Rural Fire Service to revisit its rejection of a senior manager's request for a year's leave to recover from the devastating 2019-20 bushfire season, while acknowledging concerns about a leadership void for the approaching summer and urging it to extend its search for a temporary replacement.
The insights gained from the rapid shift to working from home during COVID-19 could lead to the adoption of a "genuine consultation" requirement under the Fair Work Act's "right to request" flexibility that might start "a conversation aimed at reaching a mutually suitable arrangement", according to a new paper by two leading IR academics.
An aged care facility manager accusing a HR manager of "gaslighting" her by failing to reveal she was being investigated claims she returned from leave to find a complaints meeting underway in her own office.
A RTBU delegate dismissed after managers found him "impossible" to deal with has been ordered to pay his employer's costs of defending his unsuccessful adverse action case, in which a judge found he unreasonably rejected settlement offers despite clear evidence he would never be reinstated.
Vaccination mandate for WA resources sector; CFMMEU preparing to expel rioting members; FWO claws back underpayments for hotel quarantine security guards; High Court to consider jurisdictional question.
In a decision further clarifying when clients can be legally represented in workplace matters, a Queensland IRC member has confirmed he has no power to involve lawyers in underpayment cases.
The AAT has found a real estate agent eligible for FEG payments reflecting the balance of sales commissions even though they became payable on the post-administration settlement of properties, quashing an Attorney-General's Department decision to the contrary.
The FWC has upheld a construction company's dismissal of a receptionist who juggled work with caring for a grandson with special needs, finding the small business was "exceptionally flexible and considerate" but the situation became untenable.
The FWC has awarded costs against IR advisor Unfair Dismissals Australia for its "delinquent" representation of a dismissed accountant, observing that a paid agent "should never be a bystander or passenger in the conduct of their client’s case".
