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Questionable restraints made sacking unfair

The FWC has taken post-employment restraints into account in finding an underperforming sales manager's dismissal unfair, because while they may have been unenforceable they still reduced his prospects of getting a new job.


"Untenable" bid to remodel sacking as abandonment

The FWC has rejected a wellness and body shaping centre's "absurd" suggestion that an employee abandoned her employment by failing to attend a single shift, when it had directed her not to attend work until it arranged a disciplinary meeting.


Guardian employee cleared to pursue dismissal claim

The FWC has opened the way for a casual newspaper producer to pursue Guardian Australia for unfair dismissal, finding the terms of his contract did not defeat the systematic basis of his engagements and nor did the fact he declined many shifts.



Reasonable to reject flex-work request: FWC

The FWC has backed an ASX-listed early education provider's decision to reject a worker's request for flexible arrangements to enable her to keep picking up her children from school each day, instead of moving to a less-accommodating rotating roster.


Highly-paid worker not award-covered: FWC

A detailed analysis of the "principal purpose test" for assessing award coverage has led the FWC to find a salesperson earning more than $200,000 a year is not covered by the commercial sales award.


Pay-boosting SJSPs in store for Aldi: SDA

Eighteen months after retail giant Aldi sought to insert a clause in a proposed agreement to render it immune to same-job, same-pay applications, it is facing a SJSP claim that the SDA says could lift on-hire warehouse workers' base pay by almost a third.


Cabin crew next on runway for gender pay boost

A FAAA bid to overhaul flight attendants' modern award based on gender-based undervaluation and changes to the nature of their work over the past two decades is seeking to boost pay rates by up to 62%, to a level beyond what some are paid under their agreements.


Court slugs BHP in 'holiday request' case

BHP's in-house labour hire company has been fined $15,000 and ordered to pay 85 production employees between $800 and $2400 each in compensation for unreasonably requiring them to work across Christmas holidays.


Major childcare employer too quick to eject worker: FWC

The FWC has ordered the reinstatement of a casual early childhood educator axed from her workplace roster because she failed to fill out a child safety declaration while off the job in a remote, cyclone-afflicted area in China.


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