A four-member FWC bench has left no doubt unfair dismissal matters with contested facts must not be decided on the papers regardless of consent or a lack of objection, a senior member finding a second of his rulings quashed on this basis within a matter of days.
Hospitality industry employers have won approval to roll up overtime, penalty and split-shift rates for full-time higher-paid workers after a FWC full bench rejected union concerns that changing the award for a small cohort could leave a broader group of employees worse off.
The FWC has refused to stay consideration of another case caught up in the High Court's current slate of matters examining employment status, finding that a former chief executive of just three weeks would be unfairly prejudiced if his adverse action claim was delayed.
An employer will get another chance to argue that it did not dismiss a worker after a four-member FWC bench determined that the company's jurisdictional objection should not have been decided on the papers.
The FWC has allowed a delivery driver's late unfair dismissal application to proceed after finding that his adult children kept news of his sacking from him over health concerns while he completed two weeks' hotel quarantine.
The FWC will allow a legal firm that provides IR advice to lawyer-up against a self-represented junior solicitor with no post-admission experience who claims to be in a "David and Goliath" situation as he seeks to challenge his dismissal.
The AMWU claims it has won wage increases of at least 9.8% over three years for workers at a McCain Foods potato processing plant in Tasmania, as it pushes to bring their rates into line with their mainland counterparts.
The FWC has upheld the dismissal of two Qantas pilots unable to fly internationally after turning 65, drawing parallels with the tribunal's retirement policy while finding it might have been "considerate" to keep them in the departure lounge while they awaited a move to short-haul.
A full Federal Court has ordered a retrial of a recruitment company employee's adverse action case, finding a Federal Circuit Court judge failed to provide adequate reasons for throwing it out.
The Morrison Government's Respect@Work legislation has now passed both houses of parliament, after the House of Representatives early this afternoon backed the legislation, as amended by the Senate yesterday.
