Saudi Arabia's Australian cultural mission has succeeded in sidelining a Federal Court judge from sitting on a full bench that is reviewing whether it is protected by diplomatic immunity from underpayment claims brought by 45 former employees.
A FWC full bench has dived into the legislative intent behind several key Fair Work Act provisions to find that a presidential member should have determined whether Corrections Victoria "in fact" dismissed a prison officer when it demoted and transferred him, instead of making her extension of time decision on the "assumption" it sacked him.
The FWC has found that a s-x worker is an employee rather than an independent contractor, because of the significant degree of control the employer exerted over her work, including requiring her to maintain an "immaculate" appearance with styled hair, make-up, lingerie and heels.
A US video game company that told a senior FWC member "I wish the United States was as diligent as you guys" about unfair dismissals has been ordered to reinstate an Australian-based tester, after the tribunal applied the new "practical reality" test for employment relationships.
A surveillance operative has lost his unfair sacking case against Victoria's anti-corruption watchdog, after the FWC found his dangerous pursuit of a vehicle during a stakeout and his "dishonest" post-incident report provided two valid reasons.
A judge has slapped an $8000 penalty on a major Commonwealth department after expressing astonishment that it does not have a "human or technological" system in place to ensure it pays dismissed employees their correct entitlements.
The FWC has banned a paid agent from continuing to represent his client after finding him to blame for the worker's late dismissal challenge and that he sought to rely on a decision which "clearly does not exist" when arguing the application had been filed within time.
The FWC has upheld the sacking of a nurse who "accidentally defibrillated" a patient, finding that she refused to take responsibility for the incident and rejecting claims her dismissal followed targeted bullying.
The High Court has unanimously rejected mining giant Peabody's challenge to a finding that it failed to satisfy workplace laws governing redundancies when not properly considering alternative roles for 22 workers dismissed in 2020, ruling that the FWC was within its rights to delve into options like replacing already-engaged contractors.
The FWC has upheld the sacking of a long-serving Woolworths warehouse worker who took almost 100 days off in the last year alone, finding the supermarket giant's leniency over many years did not preclude it from switching to a stricter approach.
