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.
Employers are not automatically entitled to reduce roster allowances when working hours fall below an agreement's "indicative" threshold, a court has found.
An FWC full bench majority has refused to accept that an employer's flawed investigation process, coupled with uncharacteristic behaviour purportedly sparked by mixing medication and alcohol, excused a coal miner sacked over profanity-laced threats to co-workers.
Some 90% of voting Coles workers have endorsed a new agreement that grandfathers over-award pay arrangements for current employees, improves penalty rates and provides a one-off $475 payment, but RAFFWU is expected to raise BOOT-related issues when it is submitted for approval.
In a decision further clarifying when and to what extent lawyers can become involved in FWC cases, the Commission says its rules do not stop parties seeking legal advice in the lead-up to hearings.
An FWC full bench led by President Iain Ross has sent a powerful signal to members to back their own judgement in inherent requirements cases where there is conflicting medical evidence, describing a previous full bench decision ceding the final say to employers as "plainly wrong".
An FWC full bench has quashed an interlocutory decision allowing an employer to engage lawyers, finding it incumbent on the tribunal to give a self-represented employee an opportunity to weigh in on the matter.
