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Company fails to block FWC intervention on pay downgrade

An employer that unilaterally reduced the classification levels of two workers previously handed a pay upgrade has failed to convince the FWC it had no power to intervene in a contractual issue "masquerading" as an enterprise agreement dispute.

Bench corrects "counter-intuitive" compensation ruling

A tribunal member "counter-intuitively" refused to award compensation to an unfairly dismissed employee after failing to assess financial loss and wrongly asserting that she had admitted to competing priorities, an FWC full bench has found.

$10K for manager sacked while on sick leave

A home improvement company had a valid reason to sack a business manager who recklessly approved credit for a struggling customer, but the FWC has held that its process in dismissing him while on sick leave rendered it unfair.

Bank not in deal breach despite IT worker's cloud-based fears

An IT specialist with a major bank has failed to persuade the FWC that deployment to a new cloud-first role represented an agreement breach because it placed unreasonable demands on his fading capacity to learn.

R&R counts towards minimum employment period: FWC

A casual FIFO worker has been cleared to pursue an unfair dismissal claim despite the employer arguing that half of his seven months with them was taken up with unpaid R&R.


Late unfair dismissal applicant "honoured" her dying mother: FWC

A worker dismissed two days before flying overseas only to discover on arrival that her mother was dying of cancer has had her late unfair dismissal application accepted, the FWC finding it would have been "shockingly callous" to require detailed medical records sought by her former employer.

Accountants allege employer's unethical behaviour voided contracts

A court has cleared the way for two accountants fighting a restraint of trade case to argue that their contracts were void if their employer breached implied terms requiring it to act lawfully and in accordance with the industry's code of ethics.

Australia Post made "extraordinary" gardening leave decision: Court

Australia Post is facing a damages bill for breaching the contract of a national worker's compensation manager who accused it of caving in to union demands to remove him, after failing to establish that it offered him an equivalent position after a period of gardening leave.

Agent breached fiduciary duty by poaching players: Court

A Federal Court judge has ordered two directors of a National Rugby League player management company to account for historic and future profits after finding they poached clients from their previous employer.