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R&R counts towards minimum employment period: FWC

A casual FIFO worker has been cleared to pursue an unfair dismissal claim despite the employer arguing that half of his seven months with them was taken up with unpaid R&R.



Late unfair dismissal applicant "honoured" her dying mother: FWC

A worker dismissed two days before flying overseas only to discover on arrival that her mother was dying of cancer has had her late unfair dismissal application accepted, the FWC finding it would have been "shockingly callous" to require detailed medical records sought by her former employer.


Accountants allege employer's unethical behaviour voided contracts

A court has cleared the way for two accountants fighting a restraint of trade case to argue that their contracts were void if their employer breached implied terms requiring it to act lawfully and in accordance with the industry's code of ethics.


Regular work, not hours, the key to casual status: Bench

An FWC full bench has allowed a casual worker to claim unfair dismissal after finding a senior tribunal member wrongly focussed on her irregular "pattern" of days and hours in holding she had not met the minimum employment period.


Porter sets out "guiding principles" for national labour hire scheme

Fining host employers for hiring workers from unregistered operators is among a list of "guiding principles" IR Minister Christian Porter has put before state and territory counterparts as part of a proposed single national labour hire regulatory scheme to be overseen by the Fair Work Ombudsman.


FWC rejects reinstated worker's second bid for costs

In a decision closely examining the FWC's power to award costs, a reinstated worker who was the beneficiary of an earlier ruling has on rehearing failed to persuade the Commission that her employer either unreasonably defended the unfairness of its actions or ignored its poor prospects of success.


Court whacks underpaying directors who pocketed worker's tax refund

Service station owners who required a visa-dependent employee to hand over his tax refund and cover the cost of drive-offs have been ordered to compensate the former console operator and his fellow-worker wife more than $50,000 after a court found them accessorily liable for underpayments.



"Feeling fabulous" posts derail adverse action claim

In yet another decision highlighting the potential pitfalls of social media use, the FWC has dismissed the extension of time application of a beauty therapist who claimed to suffer from agoraphobia but posted regular images of herself out with friends and "feeling fabulous".


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