The human resources expertise available to a franchisee company from a franchisor can't be taken into account when the FWC is considering, during unfair dismissal cases, whether the absence of dedicated HR skills influenced the employer's procedures, the Commission has ruled.
The Federal Circuit Court has found a newspaper publisher took adverse action when it forced a full-time journalist to sign a take-it-or-leave it statement reducing him to two days a week - with unspecified entitlements to be paid in instalments - and sacked him when he complained.
The FWC has reinstated a Toll employee who made racist comments and has recommended the company seek to reverse its "hostile working environment" by participating in the Commission's developing better workplaces program.
Three employees of a major transport and logistics company have been reinstated after the FWC overruled their employer's decision to dismiss them for allegedly stealing uniforms.
A postal worker who engaged in "frightening and foul mouthed outbursts", including telling co-workers he would bring a samurai sword to work to attack colleagues rather than a gun, was unlikely to succeed with his unfair dismissal claim, the FWC has found.
The FWC has decided against referring a bullying matter to an OHS regulator, after the complainant failed to establish he was at risk of continued bullying because he had left the workplace.
The FWC has reinstated a portable toilet delivery driver sacked for a safety breach, after rejecting his employer's claims that he shouldn't be returned to the job because it no longer had trust and confidence in him.
An employee dismissed for misconduct might now face imprisonment and penalties for contempt after failing to comply with a court order to repay more than $25,000 to his former employer.
Employer can "effectively represent itself"; It's peculiar: Bench overrules refusal of name change; Employer pays for hitting snooze on investigation; Dating a no-no on employer phone, says FWC; and Hairdresser's evidence doesn't cut it.