BHP Minerals has failed to establish that almost $20,000 in education assistance it paid to a mining engineer pushed him above the high income threshold for unfair dismissal protection, after it chose not to exercise its right to recoup the payments.
The FWC will permit a security company to use telephone recordings of worker's allegedly "extremely offensive" conversations with colleagues in defending his unfair dismissal claim, finding it in line with telecommunications interception laws and surveillance clauses in his contract.
The FWC has found that a Boeing subsidiary unfairly dismissed an unvaccinated worker because it should first have completed its consideration of whether it could redeploy him.
The FWC has refused to extend time for a worker sacked after he took unapproved leave to visit a sick relative overseas and filed his unfair dismissal application 15 days late.
The FWC has found that the Victorian lawyers for an ACT worker who lived in NSW made her unfair dismissal in time, after they delayed her application by three days because of public holidays and a weekend.
The FWC has ordered a worker's reinstatement and criticised his employer for its "severely flawed" dismissal process after it used a traffic violation as a "golden opportunity" to dismiss him for riling management by engaging in "covert" and "unlawful" industrial action.
Unions have welcomed recommendations in a government-commissioned review of safety regulations addressing s-xual assault and harassment in WA's mining industry, but have expressed dismay at evidence that employers are deliberately failing to report incidents to regulators.
Removing a gender-transitioning barista from a WhatsApp group roster system following a suicide attempt constituted dismissal, the FWC has held, clearing the way for her to pursue an adverse action case against her former employer.
A senior Virgin flight attendant has had her reinstatement overturned after a FWC full bench comprehensively picked apart a finding that procedural fairness deficiencies rendered her sacking for misconduct unfair.
