A tribunal member has torn up his own certificate sending an adverse action case to court after accepting he prematurely found that efforts to resolve the matter had been exhausted.
An employer that sacked a worker absent on sick leave via an afternoon email has failed to establish she missed the deadline for filing a general protections claim, after the FWC held that she had no obligation to read it until she checked her messages the next day.
A major employer has for the second time in a year been ordered to reinstate a worker after the FWC again identified fatal flaws in its investigation processes.
The FWC has laid bare the difficulty of running what amount to underpayment cases against universities, finding in a union-run matter that not only did the employer have no system in place to reliably record hours but that the tribunal lacked the power to order compensation anyway.
An employer has failed to win a stay on a FWC decision knocking back its request to be represented by a lawyer, which would have delayed an underpayments case, after a senior member found its agreement only allows representation for those initiating disputes.
The FWC has urged the AWU to address its unfair dismissal claim lodgement processes after the union revealed its use of an internal case management system has again played a role in an out-of-time application.
Wilson Security unlawfully denied a FIFO guard proper breaks within roster cycles and made him work an extra 15 unpaid minutes for "handover" at the start of each shift, a court has held, but a manager who reinforced the requirement was not an accessory.
Unions locked in the Wilmar Sugar dispute say they have held over an urgent application to stay a ban on protected action, ahead of a FWC full bench appeal on Friday.
In a decision an employer argues has "substantial" implications for most businesses, Fire & Rescue NSW has been ordered to pay a health and safety representative for time spent conducting unapproved inspections on his days off.
Victoria Police rejected a crime scene officer's request for a flexible work arrangement on reasonable business grounds, the FWC has held, while urging the parties to embrace a "better than nothing" compromise.
