The FWC has waved through a worker's late unfair dismissal application after accepting that it took seeing a job advertisement closely mirroring her role to crystallise doubts about whether she had genuinely been made redundant.
In a decision assessing how long a valid reason remains "current", the FWC has overlooked serious procedural deficiencies to back a landscaping business's summary sacking of a gardener almost two months after he called a colleague a "fat exploiter of foreigners".
Mining giant Peabody has asked the High Court to weigh in on the "critical question" of when redundancies can be considered genuine and the extent of FWC powers to determine how employers might avoid job losses.
A FWC senior member has thrown out the unfair dismissal case of a Sri Lankan worker paid $300 a month as she did not meet the minimum employment period, but will refer it to the general manager for advice or to notify the authorities.
The FWC has upheld the sacking of a supervisor for changing the ratio of carers for an NDIS participant without permission and leaving a colleague in an unsafe situation.
The FWC has observed that an employer "is not a charity", in rejecting a claim from a former risk manager for an insolvent cryptocurrency trader that his award-covered role did not change despite successive $50,000 promotions over just 15 months.
The FWC has backed a global company's HR processes after dismissing a senior employee's claim that she had no option but to resign when an investigation rejected her portrayal of a male colleague asking her to "get the coffees" during a client workshop as s-xual harassment.
The FWC has rejected an employer's claim that a company secretary's "time limited" contract merely expired, finding it gave her no choice but to give up her permanent role by making an offer "infected with misrepresentation, misleading conduct and duress".
The FWC has refused to further delay a sick legal secretary's unfair dismissal hearing after almost six years of adjournments, and will consider any further extension requests "vexatious".
In a significant decision on principles of open justice, gas giant Santos has won confidentiality orders on its second attempt as it defends its sacking of a former outlaw motorcycle gang member accused of s-xually harassing a 22-year-old apprentice.
