In a significant decision on FWC powers, a court has found that the Commission can dig into a university's finding that an academic plagiarised a student's work to establish whether it breached its agreement's disciplinary processes.
A FWC presidential member is today training the CPSU and the FWO in using an interest-based approach to employee consultations, using the Collaborative Approaches program spearheaded by current Fair Work Ombudsman Anna Booth when she served as a deputy president of the tribunal.
An employer's failure to properly communicate the result of an investigation to a worker accused of an inappropriate relationship with a subordinate increased his discomfort at work, but did not force him to resign, the FWC has found.
A tribunal member has torn up his own certificate sending an adverse action case to court after accepting he prematurely found that efforts to resolve the matter had been exhausted.
Justice Ingmar Taylor, the president of the NSW Industrial Court that has been re-established this month by the Minns Labor Government, has told a ceremony to celebrate its rebirth that the recent scrapping of the former government's public sector wages cap reinstates the "broad and unfettered power" to arbitrate disputes bestowed on the institution by the State IR Act's architect, Jeff Shaw.
An employer that sacked a worker absent on sick leave via an afternoon email has failed to establish she missed the deadline for filing a general protections claim, after the FWC held that she had no obligation to read it until she checked her messages the next day.
A major employer has for the second time in a year been ordered to reinstate a worker after the FWC again identified fatal flaws in its investigation processes.
The FWC has laid bare the difficulty of running what amount to underpayment cases against universities, finding in a union-run matter that not only did the employer have no system in place to reliably record hours but that the tribunal lacked the power to order compensation anyway.
