In the wake of the public spotlight on the Qantas "inclusive language" guidelines, one of its baggage handlers has failed to convince the FWC that tearing a colleague's shirt, shoving him against a locker and telling him to f-ck off back to his country were not sackable offences but rather a bit of "argy bargy" between friends, consistent with the workplace culture.
A judge has chosen to overlook an admission of adverse action included in a solicitor's "embellished" employer response, despite noting that the statement was approved by the company's director.
A labour hire employee who lost an offer to shift to direct employment with his host employer after IR staff became aware of his dual identity has failed in unfair dismissal claims against both parties, in a ruling in which the FWC also rejected his joint employment arguments.
Hair and beauty industry employers are seeking in a submission lodged today that the FWC cut Sunday and public holiday penalty rates by a similar amount to the reductions ordered for retail and pharmacy sectors in last year’s landmark ruling.
In a decision where the employer's case was embarrassingly "scuttled" by its own witness, a senior FWC member has found that Ausgrid failed to inform four safety specialists during job interviews that they wouldn't be receiving an allowance due to them under the relevant agreement.
The Fair Work Commission has sought to better delineate the law around so-called constructive dismissals, in a case in which it lambasted a multinational company's HR department for overseeing a process it likened to "entrapment".
In a novel decision on the need to consider alternative duties for incapacitated workers, the FWC has found an agreement clause requiring directions to be reasonable trumped BHP Coal's common law right to refuse to allow a mineworker to perform only part of his job.
The FWC has observed it is "not necessary" to consider whether representation creates unfairness between parties, as a French company was granted permission to engage a lawyer to defend a self-represented employee's unfair dismissal claim.
A presidential member of the FWC has prodded legislators to revisit "confusing" aspects of the Small Business Fair Dismissal Code in order to deliver on its promise of speeding parties' progress through the unfair dismissal jurisdiction.
In a landmark ruling, the Federal Court has found today that a Spotless subsidiary failed to meet its obligations under the NES to provide notice and severance pay to employees – some with 15 to 20 years service – when it lost a longstanding services contract at a major shopping complex.
