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.
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 extended time for a Swissport worker to pursue a four-minute late adverse action claim given the "significant steps" he took to dispute his sacking, including sending unanswered emails to the company's head of Asia Pacific operations, global chief people officer and head of global operations.
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".
A migration agent accused of having active cases in the Administrative Appeals Tribunal after he started working for it as an associate must pay $12,000 towards its legal costs after pursuing an unsuccessful adverse action claim challenging his sacking.
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.
A truck driver sacked without notice via a Saturday afternoon voicemail following the sale of his employer's business has won compensation, including a payment to cover the cost of "upskilling" his licence.
