A five-day hiatus between resigning from a fixed-term position and re-starting the same job on a casual basis did not break the minimum employment period necessary for a worker to challenge her dismissal, the FWC has found.
A worker engaged by Mondelez on end-to-end short-term contracts over 2.5 years has no right to pursue an unfair dismissal claim against the chocolate and confectionery giant, the FWC has ruled.
An FWC full bench, in overturning a finding that the engineers, scientists and IT professionals award does not apply to an LNG consultant, has suggested reviewing its coverage provisions after "excessive litigation" to establish whether it covers unfair dismissal applicants.
The FWC has refused to provide a two-day extension to a dismissed worker based on representative error, finding he failed to clearly instruct his union in a timely manner.
A presidential FWC member has clarified the circumstances under which an employee can be said to have resigned, finding that a casual pool cleaner's repeated statement of intent did not qualify.
In a decision exploring when employers can be said to have repudiated employment contracts, the FWC has ruled that a multinational dismissed a worker when it "unilaterally" withdrew his company car without compensation following a collision with a kangaroo.
Employers operating in high-risk environments such as aged and child care have been given further confidence that they can force workers to immunise after the FWC today upheld the sacking of a long-serving care assistant who refused a compulsory flu shot on allergy grounds.
A pick-a-box promoter working two-hour shifts was an employee capable of being dismissed despite being paid on the basis of "periodic" invoices that included her ABN, the FWC has held.
Deliveroo says it won't accept a FWC finding that a sacked rider was an employee entitled to protection from unfair dismissal or that it reflects how riders work in practice, but the TWU says the ruling puts Australia in line with other countries that recognise gig workers' rights.
The FWC has in finding a Deliveroo rider was an employee who must be reinstated criticised the platform for a "callous and perfunctory" dismissal "most notable for its absence of compassion".
