A worker directed to take unpaid leave for mental health treatment has had his unfair dismissal claim rejected after falling "marginally" short of the FWC's jurisdictional prerequisite of a minimum six months' continuous service.
An FWC full bench majority has thrown out a a company's challenge to a decision requiring it to reinstate an injured worker to his previous role and ensure he receives "work hardening".
The FWC has given the go-ahead for the regional director of a multibillion dollar real estate business to pursue his unfair dismissal claim despite earning well above the income cap, because his duties established he was in fact an award-covered sales representative.
The FWC has extended time for an employee who claimed "force majeure" and an "Act of God" after Cyclone Debbie and representative error delayed lodgement of her unfair dismissal application.
The FWC has upheld the sacking of an Australian Federal Police officer who stalked and intimidated his ex-partner when he left "used" condoms in her front yard and made offensive remarks on her Facebook page.
The FWC has criticised a company for fundamental failures of due process in a dismissal overseen by its HR function and warned that treating workers as human resources runs the risk of ignoring that they are "easily damaged" human beings "and when faulty they should be handled with more care than machines".
The FWC has refused an employer's application to recoup its costs of defending an unfair dismissal claiming, noting the employer incurred its "unreasonable" $10,000-plus bill because its chose a law firm that provided a "Rolls Royce service".
As Murdoch University continues to press for termination of its enterprise agreement, its lawyers say an FWC decision upholding the sacking of an employee who used his work email to send abusive messages to the ABS illustrates the deal's outdated provisions.