The FWC has resisted speculating about whether an unvaccinated FIFO worker lost his job for refusing to "steal" a competitor's new product from a BHP mine site, but has nevertheless ordered his former employer to pay compensation after finding he could have been redeployed to its Perth workshop.
The FWC has accepted that a senior software developer's unfair dismissal application was filed one minute late because of the "high risk" last-day strategy of a union lawyer laid low by nicotine withdrawal.
A senior FWC member has declined to recuse himself from hearing a primary school teacher's unfair dismissal case after rejecting the suggestion that the Education Department's lawyer, formerly an intern at a regulatory body he briefly headed up, had been chosen "to achieve the evil purpose of influencing" his deliberations.
BHP Coal is facing penalties and compensation payments for unlawfully "demobilising" a labour hire truck driver shortly after she refused to dump a load in a poorly-lit area, while it is also accused of "sophistry" in arguing that she had not properly addressed its potential motives.
The FWC has upheld the demotion of a Catholic school teacher who continually undermined the schools' leadership before maintaining that his "only master was God".
The FWC has found that a worker sacked by the Ubuntu Church for obtaining a COVID-19 vaccination is an employee, clearing the way for her to pursue an unfair dismissal claim.
A tram driver whose failure to disclose his stroke "strikes at the heart of the employment relationship" has failed to establish that his employer unfairly sacked him, despite one of the employer's doctors breaching confidentiality requirements to set the record straight.
The FWC has endorsed the consultation process Woolworths used before it rolled-out a group-wide COVID-19 vaccination policy, rejecting a "most unusual" unfair dismissal case in which a worker's social media sprays clashed with his claims that the company left him in the dark.
A lawyer's failure to act with the "level of diligence and expertise required of a competent practitioner" caused a four-day delay in filing his client's unfair dismissal claim rather than the attack of gastroenteritis that ran through his family, the FWC has held.
A Fair Work Commission full bench has upheld a finding that a labour hire company must make redundancy payments to a dozen employees, detailing the steps made by its chief people officer but ruling it didn't do enough to procure alternative employment for its workforce.
