A licensed hotel's duty manager, dismissed for allegedly assaulting an "obnoxious" patron parading around with his pants off, has had his unfair dismissal case dismissed by a senior FWC member who ruled it would be unfair to ask the employer to defend the case after he provided an unconvincing medical certificate to explain his last-minute no-show at a scheduled hearing.
"Trump-like" employer concedes HR not "Rolls-Royce"; Employer fails to win security of costs order; Late application approved after language difficulties.
The FWC has refused to throw out the unfair dismissal application of a worker who repeatedly failed to respond to its communications and said she was turned away from four legal firms for not earning enough to make representing her worthwhile.
The FWC has found an Aboriginal corporation took unlawful adverse action by sacking three cultural heritage field officers for failing to prove ancestral connections, noting it was a by-product of the misery inflicted on victims of the stolen generation.
An employer has been set the challenge of reverse engineering an agreement rejected on the basis it was not genuinely agreed, after the FWC observed that while achievable through undertakings it was nonetheless a "difficult task".
An FWC full bench has quashed a decision not to approve a deal struck between Thiess and three pre-contract employees on the basis it was not genuinely agreed, remitting the Mount Pleasant mine agreement to a single member for redetermination.
The NSW Supreme Court has rejected an employer's interlocutory bid to remove material it claims is confidential from the file for a general protections case in the FWC.
The FWC has extended time for a BHP joint venture mineworker to lodge a general protections claim challenging his sacking over a failed drug test, but has agreed there is "great weight" to the employer's view that it is essentially an unfair dismissal application in disguise.
In a broad warning to employees mixing social media and work, the FWC has found that a BHP Billiton mineworker was justifiably sacked despite upon realising his error quickly deleting two Facebook posts mistakenly asserting shifts were cancelled.
A February FWC full bench finding that a worker was wrongly denied an extension of time to file on the basis he needed a credible explanation for the entire length of the delay has prompted a bench to overturn another decision refusing more time.
