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Booming FWC workload confirms COVID-19 upheaval

New data from the FWC has confirmed the workplace upheaval being wrought by COVID-19, with a leap in unfair dismissal applications, stand-down disputes and agreement variations in pursuit of a wage freeze or deferral.

Court scuppers FWO's unlawful strike case against seafarers

The FWO's pursuit of penalties over a crew's "sit-in" on a decommissioned trading vessel has been potentially scuppered by a Federal Court finding that they were not covered by an agreement at the time.

Reinstatement after racist message due to "inexplicable" HR failings

The Reserve Bank must reinstate a senior network engineer who accidentally posted to a WhatsApp workplace group a racist message meant for his wife, the FWC finding its procedural failings despite HR expertise to be "simply inexplicable".


Profanities and "bloodshed everywhere" warning justified sacking

The FWC has upheld the sacking of a truck salesperson whose loud swearing was overheard by customers while already on a final warning for saying there would be "bloodshed everywhere" if his employer did not resolve his issues.

Employer's direction to 70-year-old childcare worker "callous": FWC

A 70-year-old childcare worker has been reinstated after a finding that she was forced to resign in the face of her the employer's "callous" direction to relocate to a distant workplace and accept a role change that involved changing nappies.


Mental illness should have led judge to consider litigation guardian: Bench

A teacher claiming bullying "on a shocking scale" can proceed with his adverse action case after a full Federal Court found the lower court judge who dismissed the matter over mental health concerns failed to properly consider whether to appoint a litigation guardian.

Court rejects former lawyer's bid to sideline FWC

The Federal Court has rejected a disbarred lawyer's attempt to sideline a senior FWC member and the tribunal itself from hearing his unfair dismissal case, while also declining to grant "extreme" orders preventing a law firm from participating in the court proceedings.

FWC bench excludes "COVID-19 months" for commission-based agents

An FWC full bench is inviting submissions by 2pm on an award variation allowing the real estate industry to disregard the COVID-19 months for commission-only employees and place a moratorium on commencing such arrangements.