Browsing: Private


"In-principle" settlement not the end of the matter: Full bench

A FWC full bench has overturned a commissioner's decision to "unilaterally" and without warning "administratively close" a general protections claim based on his incorrect belief that the parties had reached a settlement.


Covert recording trashes dismissal challenge

The FWC has refused to hear a BP worker's three-day late challenge to her sacking after she revealed she ignored a clear direction not to record the disciplinary meeting at which the employer summarily sacked her.


FWC waves big stick over employer's "disregard" for laws

A transport company is to be referred to the FWO over its "alarming" indifference to its obligations as an employer, after an unfair dismissal case in which it exhibited "disregard" for the FWC before being ordered to pay $30,000 to a former worker sacked without warning.


Whether surgery elective irrelevant to sick leave bid: FWC

The FWC has ruled an employer had a right to refuse to pay sick leave to a worker recently warned about his "particularly excessive" use of the entitlement, while finding it nevertheless "irrelevant" whether cosmetic surgery or a burst appendix explained his absence.


FWC upholds sacking for phone-use while driving

A mining truck driver's mobile phone use, detected by an infra-red driver alertness system, justified her dismissal, after what the FWC deemed to be a fair investigation process.


CFMEU given chance to pressure-test deal

The CFMEU has been given permission to intervene in the approval of a crane deal despite its members nominating other bargaining representatives.


Company "had no intention" of allowing ETU's entry to site

A head contractor unlawfully blocked ETU organisers' access to labour hire linesworkers on an interstate power transmission project, the Federal Court has found, and the various reasons it provided for refusing entry appear "disingenuous".


MUA winning groundbreaking paid FDV "solidarity" leave

The MUA says it is making headway with a campaign to enshrine in agreements 10 days paid family and domestic violence "solidarity leave" to help family members "render assistance in times of crisis".


Move to Canada broke employee bond: FWC

In what might stand as one of the last FWC cases relying on the High Court's 2022 Personnel decision to establish whether a worker is an employee or an independent contractor, the tribunal has rejected a manager's claim that she maintained the same role at a fintech company despite resigning and signing a contractor agreement as part of a move to Canada.


Return-to-office direction not bullying: FWC

An executive on workers compensation for a "psychological injury" related to a stumble and strain while working from home has failed to secure stop-bullying orders against her employer and a HR business partner or establish they put her at risk by asking her to return to the office following a domestic violence incident.


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