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Contrition over HR manager's silence needs more than words: FWC

In a penalty decision ordering the local arm of a global conglomerate to pay a further $20,000 to a supervisor unlawfully sacked by an HR manager within her probationary period, a court has cited the company's failure to find out more about the contravening conduct and whether it needed to minimise the risk of it reoccurring.




Former manager doesn't qualify for whistleblowing protections: CBA

The Commonwealth Bank has denied bullying and retrenching a former general manager for revealing a scheme allowing colleagues to artificially boost bonuses, claiming also that his actions did not qualify for whistleblower protections and that he cannot pursue his claim under the terms of his deed of release.

Swastika use protected political opinion, argues sacked academic

A University of Sydney lecturer sacked after superimposing a swastika on an Israeli flag in teaching materials and social media posts is relying on political opinion protections in the Fair Work Act and academic freedom clauses, claiming he was really dismissed for challenging his treatment.

"Come talk like a real man", employer urges FWC applicant

The FWC has rejected an employer's claim it did not summarily dismiss an apprentice by text, describing a later email in which the teenager was told "we are holding your position open" as a "retroactive" attempt to characterise the worker as having quit.

Patchy process did not deny sacked welder a fair go

An employer who failed to record a worker's serial misconduct, provide a written warning or give him an opportunity to respond nevertheless did not deny him a fair go when forcing him to resign following a brief lunch room meeting, the FWC has found.

Sacked worker not told her domestic violence history "relevant"

The FWC has reproached a childcare provider for failing to inform a worker that her past experience in a violent relationship was a "relevant" factor in its decision to dismiss her after she challenged a co-worker to a fight.

Lawyer's workload, pre-dawn starts no excuse for late filing: FWC

The FWC has rebuked a lawyer for his "dilatory" approach to filing a general protections claim, ultimately granting his client a time extension because of the unusual degree of stress and anxiety he suffered as a consequence of his dismissal.