A former GM Holden engineer is suing the company for adverse action, sham contracting and coercion, alleging it reduced her redundancy payout by more than $20,000 when she refused to sign a separation agreement without continuity of service covering her time as a contractor.
An employment service has failed to avoid a redundancy payout to a manager who refused its alternative job offer, the FWC finding that although pay and conditions were the same, it would have been a "backward step".
The Federal Circuit Court has slugged an unrepresented litigant with an order to pay $12,500 of his former employer's legal costs, finding that although he did not run the case vexatiously, mere allegations unsupported by evidence rendered it "baseless and groundless".
Unilever has successfully challenged a requirement to count employees' prior periods of casual and seasonal work when calculating length of service for redundancy payouts, an FWC full bench calling into question a landmark 2016 majority finding that casual work should be included.
The FWC has chastised an employer for failing to abide by "industrial fair play" when it neglected to tell a worker it would seek to slash his redundancy payment if he didn't accept an alternative role.
A senior FWC member has approved an employer's request for legal representation in a dismissal case, but not before requiring hearings be conducted in private, that he be free to provide "appropriate" guidance to the unrepresented former worker, and that he retain the power to revoke permission if the lawyer complicates proceedings.
A health care clinic manager has failed to persuade the FWC that her HR-expert husband's representative error and the so-called "reverse synergy effect" resulting from her son’s concurrent unfair dismissal claim explained her application arriving 32 days' late.