The FWC has found it unfair to summarily sack an "unsatisfied" manager accused of using her small business employer's email to seek a job with a competitor.
The FWC has found an employer that accused a carpenter of submitting a "fake doctor's certificate" complied with the small business fair dismissal code when it summarily sacked him.
Increasing the small business unfair dismissal definition from 15 to 20 employees by headcount would expose an extra 500,000 workers to inferior protections, while lifting it to 50 would affect almost an additional two million, according to an FWO report that says there is insufficient consensus across the IR spectrum to support any change.
Drawing on limited legislative guidance and case law on instalment payments, the FWC has ordered an employer to split a $30,000 compensation payment over two months rather than the 12 it sought, finding the worker entitled to the "fruits" of his claim "in a timely manner".
A 63-year-old brothel receptionist summarily sacked via an intermediary after 15 years of "loyal" service in the "happy little family" workplace will receive near-maximum compensation, after a FWC ruling.
In a decision questioning the value of medical certificates issued over the internet, a senior FWC member has excoriated a Melbourne lawyer after finding he claimed sick days in order to attend the AFL's Gather Round in Adelaide and "inexcusabl[y]" provided false evidence in pursuing his unfair dismissal case.
The FWC has extended time due to representative error, after a lawyer with "extensive experience in employment matters" who is also the author of an article on his firm's website about the "hurdles" to "jump over" to make an unfair dismissal claim, including the 21-day time limit, lodged a client's application four days late.
An employer failed to "adhere to basic standards of decency" when it made an employee on parental leave redundant in an email, without consultation, in "a case that exemplifies the benefits" of having some form of "keeping in touch" system during parental leave, the FWC has found.
A dance instructor's refusal to take out the rubbish did not justify his sacking, the FWC has held, while his visa status has contributed to a finding of harshness.
The FWC has ordered a small business owner to compensate his "disgruntled" ex-partner after finding she withdrew money from the company account in the context of their "deteriorating relationship", not as an employee wanting to damage the enterprise.
