A FWC presidential member has underlined that workers are not immune from retrenchment while on leave or working under flexible arrangements, confirming that operational issues warranting severance can arise at any time.
The FWC has found it "disproportionate" to summarily sack a HR general manager accused of creating an "unsafe" environment for her team and calling for their heads when they gave negative feedback, while also rejecting the employer's inference that she opportunistically used her distress over the outbreak of the Israel-Palestine war to explain her conduct.
A presidential member placed too much emphasis on two workers' failure to chase up their unfair dismissal applications, a FWC full bench has ruled, finding the representative's miscalculation of the due date responsible for the whole delay.
A FWC full bench has refused to extend time for a HR business partner seeking to appeal her unfair dismissal decision, finding she had failed to demonstrate any legal errors and instead merely showed "a preference for a different result".
The FWC has allowed a 79-day-late unfair dismissal application after accepting an aged care worker relied on the advice of an immigration lawyer to initially contest her sacking through two health regulators.
An AMWU delegate sacked for allegedly outing non-union co-workers has been awarded the maximum available compensation after the FWC expressed surprise that his multinational employer's investigation could have been conducted "so badly".
An employer's failure to give a skipper an opportunity to respond to specific allegations about the circumstances surrounding a charter boat's costly collision with a channel marker did not provide sufficient reason to reverse his dismissal, the FWC has found.
Listed services giant Ventia has been ordered to pay $25,000 compensation after failing to persuade the FWC it had reason to sack a senior employee it claimed divulged commercially sensitive information to its former national hospitality and catering manager over a lunchtime catch-up.
A FWC full bench has upheld the reinstatement of a Sydney Trains employee found to have traces of cocaine in his system, despite ruling that a senior member wrongly concluded that employers need to establish workers who fail drug and alcohol tests are at risk of being "impaired" before sacking them.
The FWC has made it clear that HR managers should not inform employees about company policies as a "tick and flick" exercise, finding an employer harshly sacked a worker who had no understanding of his unacceptable behaviour when he bullied a colleague for supposedly "sucking up" to their manager.
