A job that required four hours a day of travel did not amount to acceptable alternative employment for a redundant worker who had toiled almost entirely from home, the FWC has ruled.
The Federal Court has declined to temporarily restrain Atlassian from managing a neurodivergent worker's performance or sacking him, after finding no "real threat" of imminent termination of his employment.
In a significant decision about employers' redundancy obligations, the FWC has rejected MUA arguments that a marine service company could have "cobbled together" a new role out of various casual jobs to create a full-time position for a deckhand laid off after it lost a contract.
The FWC has ruled that while a BHP subsidiary "imposed unreasonable deadlines" for a worker with bipolar to respond to and provide medical reports, it was entitled to dismiss him for incapacity after he refused to attend a "tie-breaker" medical exam to resolve conflicting assessments of his fitness for work.
A retail worker will have a chance to argue that she got the sack for "speaking up against religious supremacy and genderism" after a FWC member accepted that a faulty internet connection delayed her application by two minutes.
A Fair Work Commission full bench has rejected a worker's unfair dismissal appeal, finding that "only artificial intelligence" could seriously suggest that he kicked down a locked door for any reason other than anger.
The FWC has held that a bus driver cannot use a request for flexible working arrangements to transfer to a separate but related employer in another state.
The FWC has rejected a veteran bank loan manager's bid to expunge his name from all records of his failed dismissal challenge, despite accepting that it will make it difficult for him to find another job in the industry.
A probationary aged care nurse has won an adverse action case after a people and culture executive sacked her without independently assessing allegations, relying instead on a manager's recommendation that had been influence by her complaints.
An employer's clumsy and disorganised management practices rather than discrimination led to it giving a female employee just a few hours' notice before a job interview while her male colleagues had days to prepare, and it compounded its poor practice by then forgetting to tell her she failed to win the role, a tribunal has found.
