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FWO targets toy store to test serious breach provisions

The FWO has launched a test case against the operator of a pop-up toy store, seeking to reverse the onus of proof for underpayments and rely for the first time on serious contraventions provisions that potentially expose the company and its director to 10 times the ordinary maximum penalties.

"Discipline" underperforming agents: Chief commissioner

The head of Western Australia's Industrial Relations Commission has vented her frustration at the efforts of an unfair dismissal advocate by expressing a desire for legislative changes that would empower the tribunal to "discipline" underperforming agents.

Lawyer's discrimination claim undermined by "inflammatory tone"

A lawyer accused of bullying has failed to convince the Federal Court that it should stop a law firm from potentially expelling her as a partner because it treated her less favourably than male colleagues, the court holding that conduct that included an "inflammatory" letter following the complaints set her circumstances apart.

Commission's bullying remit abused, warns Deputy President

A senior FWC member has lamented the continuing "abuse" of the Commission's stop bullying jurisdiction in refusing to shield a casino employee from the consequences of conduct that included repeatedly spitting into a bin.

Skene, stunted wage growth a vexing double: Senior FWC member

A senior FWC member has told an IR conference that problems associated with a "radical disjunct" between the common law and award definitions of casuals will "snowball" if not resolved, while the cause of stunted wage growth in the face of strong labour market conditions lies beyond orthodox thinking.

"Insist" on legal advice refund over flawed dismissal: FWC

The FWC has slammed a childcare centre for a "hopelessly flawed investigation" that led to a teacher being sacked over false allegations she mistreated a child, suggesting the owner should claim his money back for poor legal advice.


Unwelcome longer commute opens path to redundancy

A veteran bank teller with grandchild caring responsibilities has persuaded the FWC that it would be unreasonable for her position to be relocated to branches requiring extra driving time of 70 minutes each day.


Tribunal member's questions leading, but not unfair: Bench

An FWC full bench has cleared the way for a commissioner to redetermine an employer's objections that a worker allegedly sacked when a stranger handed her an unmarked envelope at her home did not qualify for unfair dismissal protection because it should be deemed a small business.