The FWC has found that unpredictable time in lieu should not be counted when determining whether a worker is excluded from making an unfair dismissal claim because their remuneration exceeds the statutory threshold.
A former public health service chief executive who claimed discrimination on the basis of "severe depression" has failed to overturn a tribunal's finding that it lacks the power to hear his bid for reinstatement and compensation.
A workplace tribunal member has philosophised about the sun and moon in considering whether to extend time for an unfair dismissal claim filed three days late.
An AGL worker who refused to provide proof of being vaccinated against COVID-19 has won a time extension to contest her dismissal after the FWC accepted her application was delayed when the Commission redirected its mail from Perth to Melbourne.
A FWC decision rejecting an Uber driver's claim he was an employee but observing his relationship with the company could operate unfairly will strengthen calls for the Albanese Labor Government to move quickly to boost gig workers' rights, an IR academic says.
A leading labour law academic has expressed concern that the High Court's recent Rossato ruling "unduly swayed" a senior FWC member who found a casual worker's contract helped establish she had no reasonable expectation of continuing employment, despite having worked every week for 14 months.
In a ruling that shines a light on "haphazard" HR practices in Victoria's Health Department at the height of the pandemic, the FWC has rejected claims it did not sack a hotel quarantine worker and lambasted it for meeting production orders with redactions that rendered evidence meaningless.
In a significant decision clarifying when the FWC can deal with unlawful dismissal matters, a four-member bench has upheld a finding that a bookstore worker alleging discrimination after being sacked for refusing to wear a mask needed to prosecute her case in court.
An experienced tribunal member failed to properly apply the statutory test for assessing unfair dismissals before ordering the reinstatement of six waterfront shift managers, a FWC full bench has found.