The Federal Court has held that a BMA coal loading facility breached a reasonable overtime clause in its enterprise agreement by requiring workers to perform more than eight additional hours per week.
The FWC has found that it "reflects poorly indeed" on a printing company if it did not investigate sexual harassment complaints an unfairly dismissed female employee made to HR, while it has also referred the employer's "contemptuous" failure to comply with an order to attend the Commission to the tribunal's general manager for further action.
An Orica labour supplier's redundancy method, in which it surprised a full-time employee during downsizing by handing him a letter confirming the "successful completion" of his role, has rendered the dismissal unfair.
Employers will no longer pursue a new "perma-flexi" casuals classification as part of the FWC's four-yearly review, as they are confident that legal challenges or legislative change will avoid a requirement to provide additional entitlements to these workers.
The former "right-hand" man to a Gold Coast tobacco mogul who styles himself as "the candyman" has won $90,000 in penalties and 10% of his costs for an adverse action case he won two years ago in which a court found the employer "fabricated" a reason to dismiss him.
An FWC full bench has upheld a dismissal payout to a manager who falsified a medical certificate in order to attend a job interview, while rejecting a bid by the employer to recalculate the figure that would ultimately have seen her receiving $5000 more.
The FWC has reinstated a rail worker sacked for coming to work the day after he smoked his first joint in 30 years and has taken Sydney Trains to task over its purported zero tolerance for drugs.
The FWC on re-hearing a Chinese airline employee's unfair dismissal case has rejected claims that his supervisor persecuted him because of his homos-xuality, instead finding his blatant dishonesty to be a further valid reason for his sacking.
The FWC has upbraided an ASX-listed company for refusing to push a disciplinary meeting back two days so the "overwhelmed" employee could be supported by a union representative.
An employer and four company directors have been ordered to pay a former manager almost $900,000 after a court found he was unlawfully dismissed in response to requested pay rises, despite working restricted hours following a car accident.