A FWC full bench has quashed a finding that a government-owned First Nations accommodation service dismissed a manager by breaking a "promise" to convert her non-continuing contract arrangement to permanent employment once she obtained Australian citizenship.
A school has failed to overturn orders to pay a former teacher maximum compensation after her dismissal for allegedly yelling at misbehaving students, after a FWC full bench found no reason to suggest any bias by the tribunal member or that his findings represented a "gross slur" on the employer's witnesses.
The FWC has ordered Qube to reinstate a stevedore sacked after his manager spotted him out for dinner while on leave to grieve a relative's death, finding the worker reasonably concluded it would be unsafe to attend his shift.
An Uber driver who varied his schedule slightly but worked every weekend until he filed his unfair deactivation claim clearly demonstrated "some form of repetitive pattern" and performed work "on a regular basis", the FWC has ruled.
In a case highlighting the "obvious danger" of relying on artificial intelligence for legal advice, the FWC has refused to extend time for a "hopeless" 900-day late dismissal challenge written by and filed on the suggestion of ChatGPT.
A FWC full bench has dived into the legislative intent behind several key Fair Work Act provisions to find that a presidential member should have determined whether Corrections Victoria "in fact" dismissed a prison officer when it demoted and transferred him, instead of making her extension of time decision on the "assumption" it sacked him.
The FWC has found that a s-x worker is an employee rather than an independent contractor, because of the significant degree of control the employer exerted over her work, including requiring her to maintain an "immaculate" appearance with styled hair, make-up, lingerie and heels.
A US video game company that told a senior FWC member "I wish the United States was as diligent as you guys" about unfair dismissals has been ordered to reinstate an Australian-based tester, after the tribunal applied the new "practical reality" test for employment relationships.
The FWC has banned a paid agent from continuing to represent his client after finding him to blame for the worker's late dismissal challenge and that he sought to rely on a decision which "clearly does not exist" when arguing the application had been filed within time.
The FWC has upheld the sacking of a nurse who "accidentally defibrillated" a patient, finding that she refused to take responsibility for the incident and rejecting claims her dismissal followed targeted bullying.
