In what might stand as one of the last FWC cases relying on the High Court's 2022 Personnel decision to establish whether a worker is an employee or an independent contractor, the tribunal has rejected a manager's claim that she maintained the same role at a fintech company despite resigning and signing a contractor agreement as part of a move to Canada.
A FWC full bench has found a presidential member denied two workers procedural fairness when he took the "precipitous step" of dismissing their general protections applications before they received his email warning he might do so because of their failure to lodge submissions in reply.
An employer must pay more than $30,000 compensation to a manager sacked over suspicions that he was taking it for a ride over sick leave, a fact only revealed under questioning by a FWC member.
An employer forced a burlesque performer to resign from her "dream job" as a result of its late payment of wages and the business's "persistent disorganisation", the FWC has found.
A FWC employee should have consulted a Commission member before providing incorrect advice that resulted in a worker filing his general protections claim a month late, the tribunal has found.
The Albanese Government is fast-tracking access to the taxpayer-funded FEG scheme for up to 2800 employees of Australia's largest specialty fashion retailer, Mosaic Brands, ahead of the company being placed into liquidation, while the administrators for the Whyalla steelworks will today seek court approval for unions to represent employees at next week's first creditors' meeting..
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 worker resigned of his own volition because he blamed the death of his dog on his employer, after alleged underpayments that he claimed prevented him from being able to afford the surgery needed to save its life, the FWC has found.
The FWC has, at the same time as rejecting the unfair dismissal claim of a university lecturer who "relentlessly" pursued a personal relationship with a student, held that he s-xually harassed her and that his dishonesty provided a further valid reason to sack him.
The "clear and unambiguous" wording of a separation certificate confirmed an on-hire worker's dismissal, regardless of the labour supplier's intention, the Fair Work Commission has ruled.
