A tribunal has thrown out a union official's claim he was discriminated against on the basis of his psychological condition and industrial activity, instead finding that his dismissal after five months off work followed an "impossible" demand for assurances he wouldn't be sacked for outstanding disciplinary matters.
In a significant decision on the FWC's power to deal with clashes between agreements and state laws, a tribunal member has found that jurisdiction was established by a combination of health and safety considerations and the absence of legislative reference to exclusive arbitrators.
In upholding the dismissal on medical grounds of a prison officer who was later declared fit, the FWC has noted his union gained permission to obtain a second opinion but also assisted him in making an ill-fated decision not to pursue it until after his termination.
A major medical practice's former chief executive has had his application for a bullying order against two doctor-directors thrown out by the FWC, which observed that "short of storming the barricades" he had no prospect of ever meeting the threshold requirement of returning to his job.
A full Federal Court has overturned a workplace safety finding that permit-holding union officials were rightly denied site access for neglecting to include their middle names on an entry notice, reinforcing that flawless paperwork comes a distant second to protection of workers.
The FWC has upheld under the small business code the summary dismissal of a manager accused of blackmailing his employer into paying an $85,000 separation package in return for him abandoning a proposed complaint to OHS authorities.
Victorian unions will push the Andrews Labor Government to make deliberate and dishonest "wage theft" a criminal offence if it wins the state election in November, while they will also be pursuing industrial manslaughter laws.