An FWC full bench has ruled that a Catholic school religious education coordinator charged with criminal offences wasn't dismissed, because child protection legislation rendered "impermissible" his continued employment.
A tram company's payments to a driver it suspended then sacked for texting on the job made up for procedural shortcomings arising from its "hands off" HR practices, the FWC has found.
A health, safety and environment coordinator has failed to convince the Fair Work Commission that exceptions such as sick leave and inclement weather meant the overtime component of his salary was not "guaranteed" so should not disqualify him from unfair dismissal protection.
A senior solicitor who is the director of the AI Group's law firm, Ai Group Legal, has the right to represent employers without seeking leave, because he is also the employer organisation's in-house lawyer, a FWC full bench has ruled.
The human resources expertise available to a franchisee company from a franchisor can't be taken into account when the FWC is considering, during unfair dismissal cases, whether the absence of dedicated HR skills influenced the employer's procedures, the Commission has ruled.
The Federal Circuit Court has found a newspaper publisher took adverse action when it forced a full-time journalist to sign a take-it-or-leave it statement reducing him to two days a week - with unspecified entitlements to be paid in instalments - and sacked him when he complained.
Three employees of a major transport and logistics company have been reinstated after the FWC overruled their employer's decision to dismiss them for allegedly stealing uniforms.
A postal worker who engaged in "frightening and foul mouthed outbursts", including telling co-workers he would bring a samurai sword to work to attack colleagues rather than a gun, was unlikely to succeed with his unfair dismissal claim, the FWC has found.
The FWC has decided against referring a bullying matter to an OHS regulator, after the complainant failed to establish he was at risk of continued bullying because he had left the workplace.