UPDATED A High Court majority has clarified that a 115-year-old UK House of Lords decision does not bar the recovery of damages for botched sackings, restoring the award of $1.44 million to a consultant unable to work since his "sham" dismissal in 2015.
A Federal Court judge has cast doubt over a manager's $1.5 million adverse action payout in a ruling highlighting the difficulty in establishing who in large corporations ultimately makes the decision to dismiss an employee.
After a 17-day strike and continued picketing on Saturday despite FWC orders, workers at four Woolworths warehouses have voted up a revised offer, with pay rises of 10.5% to 12% over three years, and safeguards to ensure the company does not use a work-speed measurement tool to automatically discipline workers.
The FWC has refused to approve a Subway franchisee's proposed deal designed to replace a zombie agreement, finding it not genuinely agreed because the employer failed to adequately explain which allowances would be absorbed into the rate of pay, and that penalty and minimum rates would freeze for the life of the agreement.
The FWC has ordered the UWU to stop "unlawful picketing" that is blocking access to four distribution centres that supply Woolworths, finding it has undermined the union's good faith bargaining obligations.
An engineer who lost a close relative in the current Israeli-Palestinian conflict was clearly offended when a manager directed him to move his desk into a project "war room", but his refusal still provided a valid reason for his dismissal, the FWC has found.
The FWC has thrown out an agreement approval application because a "show of hands" vote counted by a manager failed to ensure confidentiality, but has confirmed such ballots are permissible.
The SDA is calling on the FWC to use its powers to unilaterally amend a proposed Sephora agreement if it refuses to provide undertakings tackling an allegedly "diabolical" overtime pay freeze it contends the beauty retailer did not explain to workers.
Woolworths has today made an urgent application seeking that the FWC make orders to halt striking UWU members from "blocking access" to a Melbourne warehouse and three others in Victoria and NSW that has cost the business a claimed $50 million in sales.
A FWC presidential member has underlined that workers are not immune from retrenchment while on leave or working under flexible arrangements, confirming that operational issues warranting severance can arise at any time.
