An FWC full bench led by President Iain Ross has sent a powerful signal to members to back their own judgement in inherent requirements cases where there is conflicting medical evidence, describing a previous full bench decision ceding the final say to employers as "plainly wrong".
An FWC full bench has quashed an interlocutory decision allowing an employer to engage lawyers, finding it incumbent on the tribunal to give a self-represented employee an opportunity to weigh in on the matter.
A worker will have another shot at seeking a 45-day extension to file his general protections claim after an FWC full bench found he was wrongly refused on the basis that he needed a credible explanation for the entire length of the delay.
An FWC full bench has made a rare security of costs order against a social worker it calculated has "little prospect" of being granted permission to appeal a rejected unfair dismissal claim.
The FWC has ordered a council to reinstate a beach inspector summarily sacked after fixing air-conditioning units that heated instead of cooled its new vehicles, taking it to task over a deeply flawed investigative process that belied the HR and legal expertise available to it.
In an important ruling on out-of-hours conduct, the FWC has found that an employer didn't need to receive a complaint before investigating then sacking a worker for sharing a p--nographic video via social media with friends who included 19 male and female work colleagues.
As a former state manager's $15 million adverse action claim heads to the Federal Court in April, his employer has denied sacking him for taking sick leave, making bullying complaints or to avoid honouring contractually agreed incentives and bonuses.
In a decision sure to be closely analysed by employers, a court has ruled that a worker is entitled to accrued annual leave despite being paid a casual loading for 15 years.
The FWC has upheld Bluescope Steel's sacking of a long-serving employee for his "appalling" timekeeping, but has found the company didn't have enough evidence to establish that he defecated in the workplace shower.
The FWC has highlighted the additional credibility provided when employers test for drugs in accordance with the Australian Standard, in upholding a multinational mining company's sacking of a marijuana smoker who breached its zero tolerance policy.
