The FWC has found two types of proposed industrial action against an employer unlawful because they lack specificity, but has also labelled the company "disingenuous" for objecting to the original PABO, withdrawing its concerns and then re-ventilating them a month later.
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 ASU's Together Queensland branch has quietly affiliated with the Labor Party on behalf of its 24,000-strong public sector division – at a cost of $180,000 a year – despite a requirement in its rules requiring majority support for such a move and before the FWC approved an amendment removing the obligation.
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 directed senior representatives of supermarket giant Woolworths and the UWU to meet and seek to resolve more than 1000 disputes Australia-wide over a new productivity framework in the company's warehouses, after an individual brought his grievance with the regime to the tribunal.
A court has found a low-paid casual hairdresser's two-year restraint on poaching clients "void and unenforceable" because it is "significantly longer" than necessary to protect her former employer's legitimate business interests, taking into account the absence of compensation for the non-compete clause and the nature of client relationships.
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.
In a signal to employers that they must have systems in place to ensure they promptly provide information the FWC requires to launch a protected action ballot, the Federal Court has imposed a substantial fine on waste giant Cleanaway for a short delay in the "time-critical" process, while warning that in more egregious cases larger penalties would be warranted.