The FWC has ordered a franchisee to compensate an unfairly dismissed employee who contacted head office to report her boss for drunkenness and drink driving in accordance with company whistleblowing provisions.
Glencore's Oaky North coal mine workers have voted to accept the same in-principle agreement that they rejected in January, with the CFMMEU crediting its successful FWC bid to pause a bitter seven-month lockout with creating the right environment to break the deadlock.
Confusing evidence from Rio Tinto experts might have contributed to a senior FWC member incorrectly assessing the number of safety breaches committed by a dismissed mechanic, a Commission full bench has found.
The South Australian branch of the AWU has refused to participate in a hearing into a major grain company's successful agreement termination bid, telling the FWC it has "no confidence" in a legal process for employer terminations that unfairly bolsters their bargaining position.
A judge has chosen to overlook an admission of adverse action included in a solicitor's "embellished" employer response, despite noting that the statement was approved by the company's director.
In a decision where the employer's case was embarrassingly "scuttled" by its own witness, a senior FWC member has found that Ausgrid failed to inform four safety specialists during job interviews that they wouldn't be receiving an allowance due to them under the relevant agreement.
The Fair Work Commission has sought to better delineate the law around so-called constructive dismissals, in a case in which it lambasted a multinational company's HR department for overseeing a process it likened to "entrapment".
In a novel decision on the need to consider alternative duties for incapacitated workers, the FWC has found an agreement clause requiring directions to be reasonable trumped BHP Coal's common law right to refuse to allow a mineworker to perform only part of his job.
The FWC has observed it is "not necessary" to consider whether representation creates unfairness between parties, as a French company was granted permission to engage a lawyer to defend a self-represented employee's unfair dismissal claim.
A presidential member of the FWC has prodded legislators to revisit "confusing" aspects of the Small Business Fair Dismissal Code in order to deliver on its promise of speeding parties' progress through the unfair dismissal jurisdiction.
