Unfair to ask HR manager to represent company: FWC; SDA secretary's lengthy tenure extended; Labor pledge to slash government spending on external workers.
A tribunal has rejected a former public servant's argument that lingering work-related "mental health problems" treated by his doctor helped explain why he lodged an unfair dismissal claim a year late.
Worker blew last chance "in spectacular fashion"; Alcoa mine and refinery workers down tools; Foreign pilots visa designed to drive down salaries: Union; Emergency services commissioner resigns over bullying.
In an instructive decision on the treatment of post-dismissal medical evidence, an FWC full bench has thrown out the appeal of a prison officer declared fit after being sacked on medical grounds, while again taking a swipe at his union's handling of the matter.
The FWC has confirmed the right of employers in safety-critical industries to dismiss workers whose out-of-hours conduct impairs the safe performance of their duties, in the case of a flight attendant who called in sick during a layover after being hospitalised with a blood-alcohol reading of .205.
In a decision confirming that employers must "expressly" advise workers when their job is at risk and provide them enough time to demonstrate improvement, an FWC full bench has quashed a finding that a bike shop complied with the Small Business Unfair Dismissal Code when sacking one of its mechanics.
In a ruling that builds on the recent "shadow lawyers" decision, an FWC full bench has found that a large company with in-house IR legal expertise does not require approval to engage a law firm to prepare its defence of a self-represented worker's dismissal claim.
The FWC on rehearing a yard hand's dismissal application has observed his employer's lack of HR expertise did not wash as an excuse for the "disgraceful and grossly unfair" sacking, but slashed compensation due to his vulgar language and propensity to snap when frustrated.
The FWC has chastised an employer for failing to abide by "industrial fair play" when it neglected to tell a worker it would seek to slash his redundancy payment if he didn't accept an alternative role.
