Prior employee misconduct that did not result in dismissal but demonstrates a "pattern of unacceptable behaviour" must be considered when determining unfair dismissal cases, a Fair Work Commission full bench has ruled.
The Fair Work Commission has today imposed a 35-day cooling-off period at Patrick's container terminals in four cities, halting strikes scheduled for Monday and Tuesday.
Stevedore Patrick will tomorrow ask the FWC to impose a cooling-off period to stop MUA members taking further industrial action at its container ports.
The AMWU has failed in its bid to obtain an entry permit for an organiser involved in the notorious Westgate Bridge dispute because imposing additional permit conditions would amount to "no more than shutting the stable door after the horse has bolted", says the FWC.
An FWC presidential member has expressed "wonder" at having to reject an agreement for a major labour hire company that turned the simple process of providing employees with a bargaining representation notice into a "debacle".
A tribunal has awarded more than $13,000 in damages to a customer service officer an employer discriminated against when it failed to make reasonable adjustments and then sacked her because of her inability to return to pre-injury duties.
In the latest stage of the AMWU's long battle to organise workers at high-tech manufacturer ResMed, an FWC full bench has consented to the union changing its rules to extend coverage to non-management employees at the company's Sydney headquarters.
The FWC has ruled that a company's enterprise agreement obliges it provide "meaningful work" to redeployees and operates as an exception to the general rule that there is no common law right to be provided with work.
An FWC full bench has quashed a finding that BHP Coal unfairly dismissed an employee due to shortcomings in procedural fairness, after finding it reasonable for the company to have "leanings or inclinations" on sanctions to apply when its investigation indicated the worker had engaged in serious misconduct.
