The FWC has compensated an employee sacked for threatening a co-worker, finding that his employer failed to act on his prior complaints about the colleague "wanting to fight me in [the] yard".
In a close analysis of what constitutes regular and systematic employment, a senior FWC member has held that a casual trolley collector met the minimum service period to allow him to pursue Bunnings for unfair dismissal, despite "unpredictable" shifts and a contract expressly stating he should not expect ongoing work or guaranteed hours.
In a case expanding the circumstances under which the FWC will not publish a finding, the tribunal has rejected union arguments that it should release its decision so as to potentially "clear the name" of a former BHP worker who committed suicide after hearings into his unfair dismissal claim were completed.
A court has upped from $20,000 to $90,000 the general damages payout for a veteran chief accountant subjected to age discrimination and is considering billing his former employer a further $142,000 for economic loss, after hearing he is "no longer the same man" and is unable to work.
An employer has failed to establish that it genuinely made a software engineer redundant, in part because it should have offered her a lower-paying job available at a related entity in India.
A NSW Greens candidate has won extra time to pursue an investment bank with a former Coalition IR Minister on its board, after it allegedly refused his parental leave application and retrenched him after he ran for local government and inquired about his rights.
A criminal lawyer with an "ostrich-like" attitude has failed to convince a judge to reconsider a default judgment ordering him to pay two former employees penalties, costs, long service leave and super totalling more than $70,000.
The FWC has ruled that an employer's once-yearly payments to a worker to reduce his fringe benefits tax liability are not counted as earnings, clearing the way for him to pursue an unfair dismissal claim because his remuneration is below the high-income cap.
In a decision closely examining when employees can be directed to perform extra duties, a FWC full bench has ruled that a maintenance worker could refuse to remotely monitor an automated gate at a gas supplier's facility.
