In a penalty decision ordering the local arm of a global conglomerate to pay a further $20,000 to a supervisor unlawfully sacked by an HR manager within her probationary period, a court has cited the company's failure to find out more about the contravening conduct and whether it needed to minimise the risk of it reoccurring.
The FWC will reconsider a mining company's bid to terminate an eight-year-old agreement covering no workers, a full bench finding a senior member gave it no opportunity to address his concern that it would not be in the public interest prior to talks with the CFMMEU.
The FWC has stymied a company director's unfair dismissal claim for a second time, after a fresh hearing affirmed his car allowance and other benefits put his earnings beyond the high income threshold.
A public servant who claims her transfer to the HR department constituted bullying and retaliation for whistleblowing has failed to convince the FWC to issue interim orders removing the financial security authority's chief people officer as her supervisor and preventing disciplinary action.
The FWC has allowed an employee to file an unfair dismissal claim 33 days late, on the grounds that he had been hospitalised due to a suicide attempt four days after his sacking.
The Commonwealth Bank has denied bullying and retrenching a former general manager for revealing a scheme allowing colleagues to artificially boost bonuses, claiming also that his actions did not qualify for whistleblower protections and that he cannot pursue his claim under the terms of his deed of release.
The FWC has rejected an employer's claim it did not summarily dismiss an apprentice by text, describing a later email in which the teenager was told "we are holding your position open" as a "retroactive" attempt to characterise the worker as having quit.
The FWC has affirmed BHP's right to introduce roster changes recognising "lifestyle arrangements" and made a call on what constitutes "significant" support for them, after the CFMMEU failed to establish that an agreement clause only allows for bottom-up instigation.
An employer who failed to record a worker's serial misconduct, provide a written warning or give him an opportunity to respond nevertheless did not deny him a fair go when forcing him to resign following a brief lunch room meeting, the FWC has found.
The FWC has rebuked a lawyer for his "dilatory" approach to filing a general protections claim, ultimately granting his client a time extension because of the unusual degree of stress and anxiety he suffered as a consequence of his dismissal.
