An experienced tribunal member failed to properly apply the statutory test for assessing unfair dismissals before ordering the reinstatement of six waterfront shift managers, a FWC full bench has found.
The FWC has declined to extend time for an unvaccinated worker who claimed he lodged his claim late because of the theft of 45 one-kilogram silver bars from his home, while it has upheld a nursing home's sacking of a maintenance manager who failed to comply with a State Government inoculation mandate.
A small business that sacked a worker and sent him home less than two hours before he served the 12-month minimum employment period to qualify for unfair dismissal protection has successfully fended off his FWC claim.
A presidential FWC member has clarified the circumstances under which an employee can be said to have resigned, finding that a casual pool cleaner's repeated statement of intent did not qualify.
In a warning about the myriad ways disciplinary investigations can go wrong, the FWC has rejected virtually every finding a large government agency relied on to sack an experienced rail employee who described his dismissal meeting as a "Pearl Harbour" moment.
A lawyer has launched a novel adverse action case against a law firm that sacked him within his probationary period, seeking a payout equivalent to nine-months' notice in part because it prevented him from working the minimum notice period by locking him out of its system.
The FWC has upbraided an ASX-listed company for refusing to push a disciplinary meeting back two days so the "overwhelmed" employee could be supported by a union representative.
A union is challenging the WA Department of Education's belief that teachers automatically repudiate their employment if they receive interim negative working with children notices upon being charged with an offence, before their cases are decided in court.
