A HR manager opportunistically accused a disgruntled employee of leaking confidential information to "put the blow-torch" to him over his dogged pursuit of underpayments, a court has found.
The FWC has refused to reduce a worker's 16-week redundancy payment after finding that when it comes to determining whether an employer has offered "other acceptable employment", assisting with identifying alternatives "falls short" of procuring a new role.
In a judgment that will ripple through a FWC case considering the way homecare, disability and social workers are paid for shifts immediately before or after sleepovers, the Federal Court has rejected FWO arguments that penalty rates should apply.
A FWC full bench has upheld the reinstatement of a wharfie who tested positive for cocaine, rejecting employer arguments that the Commission's approach to appeals is "broadly wrong" and should involve reassessing a case rather than searching for errors in the original decision.
On-hire workers employed by BHP's in-house labour provider and its external suppliers have today won same-job, same-pay orders, after a FWC full bench rejected arguments that the service provider exemption and a "fair and reasonable" requirement stood in the way.
In what stands as the FWC's first substantive scrutiny of gig economy contracts under new laws, an Uber driver is seeking $50,000 compensation and multiple changes after claiming that app malfunctions unfairly shift the burden of lost revenue and that opaque processes for investigating misconduct allegations create a "power imbalance".
The NTEU has claimed a significant win for job security in the tertiary sector, persuading the FWC that the recruitment clause in a sandstone university's agreement favours ongoing casual and fixed-term employees over external candidates when permanent or longer fixed-term roles come up.
The NTEU says Monash University will be liable for millions of dollars in backpay after the Federal Court today found it is required to pay casual tutors for scheduled consultations with students that don't count as part of work "associated" with tutoring.
