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University workload model to go to ballot

The FWC has recommended a university put a proposed academic workload model to a ballot despite finding it had not been developed in line with its enterprise agreement, while also declining to require the employer to apply it from 2024 as intended.


Flex bid incompatible with employer's peak loads

The FWC has backed an employer's refusal to grant an employee with caring responsibilities' request to work flexibly outside its peak operating hours, finding the proposed "bespoke arrangement" unreasonable.


Personal tragedies explain late filing

The FWC has allowed a six-days-late general protections claim to proceed after accepting the delay partly resulted from domestic violence and the applicant's daughter attempting to take her own life, in a decision anonymised because of the "sensitive and confidential" nature of its details.


Compensation, damages after "high-handed" sacking

Tugboat operator Svitzer Australia must pay $15,000 damages to a former port manager sacked because its national HR manager perceived him as "not grateful enough" about efforts to ensure his continuing employment during a restructure.


Mediation opt-out thwarts dismissal claim

A manager has failed to convince the FWC that she had no choice but to resign, after she chose not to engage in mediation with the chief executive or pursue a formal complaint process.


Court permits worker to serve documents via WhatsApp

The Federal Court has refused to treat court documents sent to an employer's former lawyers as effective service after the employer moved to the United Kingdom, but has allowed the worker involved to send the documents via WhatsApp.


Conversion rebuff poorly explained: Tribunal

Queensland's IRC has directed a government agency to freshly review an intelligence analyst's employment status after it gave insufficient reasons for rejecting his request for permanent appointment to a higher-level position he acted in.


Bench pulls GP case back from the courts

A FWC full bench has quashed a certificate sending a general protections case involving dismissal to court after a member failed to determine an employer's objection that a worker quit, before recent Fair Work Act amendments removed the requirement.


"High-level summary" did not meet Coles' obligations: FWC

The FWC has declined to delay a vote on an SDA-endorsed deal at a Coles automated distribution centre, despite finding the supermarket giant breached good faith bargaining obligations by not providing the draft agreement to another union.


"Triggered" worker wins job back

The FWC has taken into account the financial pain of missed mortgage repayments and the disruption of being forced to take a drive-in, drive-out role in deciding to reinstate a mineworker who raised a fist towards a colleague after being "triggered" when called a "c—t".


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