Dismissal should be effected "in person"; Highly-paid manager not award-covered; Late claim sent to FWC staffer to proceed: Bench; Claim survives non-compliance with evidence deadline.
A large employer's failure to tell an employee what claims were being investigated before conducting a recorded interview was among a number of flaws identified by the FWC in a procedurally "infected" dismissal.
The FWC has emphasised that young women should not have to tell older superiors that they don't want sexually loaded communications, upholding the sacking of a senior council worker who insisted younger co-workers welcomed his numerous salacious texts.
The Fair Work Ombudsman's prosecution of food delivery service Foodora has been followed by a landmark decision on the gig economy by the UK Supreme Court.
In a significant ruling that might reduce penalties regulators can win for Fair Work Act breaches, the Federal Court has found that the legislation's double jeopardy provision prevents the imposition of separate fines for related contraventions arising from the same conduct.
In refusing an extension of time application, the FWC has found incorrect advice that a "no-win/no-fee" law firm allegedly gave a worker about the cut-off date for lodging her unfair dismissal application would not constitute representational error as it declined her business.
The FWC has granted an entry permit to a former CFMEU official once fined $30,000 for blockading a worksite and abusing workers in a bid to coerce Grocon into making an agreement, hearing he became a "different person" once employed as an AWU organiser.
An employer has been set the challenge of reverse engineering an agreement rejected on the basis it was not genuinely agreed, after the FWC observed that while achievable through undertakings it was nonetheless a "difficult task".
A prison officer effectively sacked twice after pleading guilty to assaulting three inmates has again won his job back, an appeal court finding that the IR commissioner who originally reinstated him had correctly focused on what is fair and just, rather than "the reputation of the government".
An FWC full bench has quashed a decision not to approve a deal struck between Thiess and three pre-contract employees on the basis it was not genuinely agreed, remitting the Mount Pleasant mine agreement to a single member for redetermination.
