Inadequate award descriptors and lack of opportunity to progress through the award classification system have contributed to rife underclassification in the social and community services sector, a new survey has found.
A FWC bench has upheld a ruling that a club unfairly sacked a casual duty manager after accusing her of stealing a drink, but not before rejecting a presidential member's finding that the "theft" needed to be established "beyond reasonable doubt" and that the employer used an "intimidatory" dismissal process.
The FWC has extended time for a late unfair sacking claim after accepting that the worker held off making his application because the employer told him that he had failed to serve the minimum employment period and its external HR provider and its solicitor then reinforced it with similar advice.
TAFE NSW must pay two workers more than $230,000 in legal costs and $100,000 in compensation after the FWC overturned their dismissals for alleged fraudulent, dishonest and corrupt behaviour.
A group of DP World wharfies unfairly sacked for refusing to be vaccinated against COVID-19 have failed to knock out a decision not to reinstate them, leaving a question hanging around the lawfulness of their employer's actions.
The FWC has lashed a HR consultant's "astonishingly poor" advice as contributing to the unfair dismissal of a long-serving manager whose redundancy process descended into accusations of serious misconduct, in part because of a mistaken belief that he emailed malware to his former employer.
The FWC has extended time for a worker with "significant" mental health issues beyond the "ordinary stress" associated with most sackings, despite finding that representative error might also have contributed to the delay in filing her unfair dismissal case.
A supervisor's criticism of management in a social media group chat that "incit[ed] a negative and combative environment among the team", along with performance issues, provided a valid basis for dismissing her, the FWC has found.
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".
