In what stands as an object lesson in how not to handle performance reviews, the FWC has highlighted the role of "managerial cowardice" and a passive HR department while reinstating a senior academic who received an "exceeds expectations" score shortly before three colleagues formally complained about her conduct.
A former Tech One manager who rejected a "genuinely commercially-based" $2.2 million settlement of his "objectively untenable" $55 million general protections claim is now facing what is likely to be a seven-figure costs order, after a Federal Court ruling.
The FWC's longest-serving member has provided a detailed exposition of the tribunal's approach to suppression orders, reinforcing that it is not merely about "public understanding" of her reasons for finding that an employer did not force an experienced HR manager to resign after less than five months in the job.
As the ASU prepares to bargain for a major single interest multi-deal covering at least eight Melbourne councils, the FWC has rejected a bid for a supported bargaining authorisation covering two local government gardening service providers.
The mother of a young child had "understandable" reasons for wanting to make her part-time job completely remote so her partner could take up better opportunities interstate, but the FWC has found insufficient connection between her caring duties and her job to empower it to arbitrate the flexible work dispute.
A worker has been allowed to proceed with an out-of-time unfair dismissal application after his employer failed to tell him he had been taken off the roster, "dangled" the prospect of future shifts in front of him for almost a year, and led him to believe he remained on the books.
A FWC full bench has found that shiftworkers employed by a major stevedoring company are entitled to payment on top of their ordinary weekly wage if they are rostered off on a public holiday.
The Federal Court has found that the limits to the FWC's dispute resolution powers mean that its ruling about an agreement's new long service leave clause only applies to the worker that first raised the issue, rather than all covered employees.
The FWC has ruled that a Civmec electrical engineer who rejected an alternative role has no entitlement to a redundancy payment, finding the employer adequately explained its offer despite its "clumsy and at times misguided" approach.
In the wake of the ABC's unlawful sacking of journalist Antoinette Lattouf, union members at the national broadcaster are demanding that a new enterprise agreement enshrine workers' rights to report on subjects regardless of their political opinions or cultural backgrounds.
