The FWC has upheld an employer's entitlement to sack a depressed worker who could no longer perform his job after 33 years, but held it fluffed its lines by failing to extend him the "courtesy" of a chance to respond to its decision.
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.
