While stopping short of categorising a long-time Esso employee who worked overseas as an on-hire worker, an FWC full bench has found that his failure to secure a "substantive" role with the company on return to Australia meant he could not rely on an industry award to protect him from unfair dismissal.
A court has thrown out a labour hire worker's adverse action claim despite rejecting the respondent's argument that it lacked jurisdiction because the truck driver mistakenly identified her employer.
The FWC has reinstated a worker after highlighting that her employer might have conducted unlawful covert video surveillance and that its HR department mishandled her dismissal.
The FWC has rejected a claim that a Bunnings Warehouse supervisor bullied an employee when she asked him about his "deformities", but not before criticising the HR department's handling of the worker's complaint.
An employer has convinced a court that it did not take unlawful adverse action when its HR manager decided to dismiss an employee who had lodged a bullying and harassment complaint.
An FWC full bench has granted an employee who mistakenly lodged a general protections application instead of an unfair dismissal claim an extension of time because the Commission should have used its discretion to rectify the mistake.
A full Federal Court has found a ship's officer who quit the maritime industry after a bungled investigation into alleged bullying by her captain is entitled to a greater proportion of her costs, but rejected claims for more than $1.6 million in damages.
The FWC has found a vessel operator's decision to sack an experienced captain for breaching its zero-tolerance alcohol policy was harsh in the circumstances, arguing that it bore some responsibility for unresolved matters that affected his mental health and could have imposed less punitive penalties.
The CFMEU's mining and energy division has welcomed an FWC ruling not to allow the spread of casual workers in the black coal mining industry, vowing to resist future "attacks" on award conditions.
A five-member FWC full bench has ruled today that modern awards should enable casual employees to elect to convert to full-time or part-time employment, subject to certain rules and restrictions.
