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.
A tribunal member who reinstated a transit officer sacked for spraying a minor with capsicum spray should have given greater weight to his past conduct and the viability of re-establishing an employment relationship, a full bench has found.
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.
An employer treated a long-serving worker like a "dirty rag" when it sacked her for an alleged incapacity to meet her job's inherent requirements, the FWC has found in what it describes as an "ignominiously memorable" case that provides a "strong foundation for argument against any lessening" of unfair dismissal protections.
The FWC has expressed "surprise" at the HR practices of a major courier company that dismissed a depot manager who was partially responsible for a breach of a worldwide embargo on a new JK Rowling book and was the subject of unfounded bullying allegations.
The FWC has slammed an employer for "behaviour of the shabbiest type" when it "de-rostered" an employee and cancelled his 457 visa sponsorship application because he asked to be paid his minimum lawful entitlements.
A tribunal has upheld the dismissal of an employee who deceived her employer when she claimed workers' compensation while she performed paid work in a second job, but has identified flaws in the employer’s investigation.
A Coca-Cola employee who threatened to fight a colleague in the workplace carpark and made coarse gestures suggesting he was a company stooge has lost his unfair dismissal bid.
The FWC has refused to take the "extraordinary step" of temporarily restraining an employer from appointing an employee to fill the role of an allegedly bullied worker.
