The Fair Work Commission has granted a Coles store manager an extension of time to file his unfair dismissal claim after finding that he was misled into believing that the supermarket giant was investigating the termination of his employment.
A tribunal has found an employee's severe morning sickness is a "disability" but has rejected the bulk of her discrimination claims, including that her employer failed to make reasonable changes to her hours and conditions.
A chief executive has been awarded more than $3m after a court found that his employer's redundancy policy was incorporated into his contract of employment, but his off-sider will take home nothing after failing to prove that the policy became part of his contract as part of a "course of dealings".
A full Federal Court has ruled that two housekeepers who were pushed onto Odco-style independent contractor arrangements continued to be employees after the purported conversion, but also found that their employer had not contravened the Fair Work Act's sham contracting provisions.
The head of the Fair Work Commission's anti-bullying panel has highlighted the key cases in the new jurisdiction's first year, and revealed that many employers are failing to follow their own internal procedures when dealing with bullying complaints.
Employers are likely to rely more heavily on zero tolerance drug and alcohol policies to discipline or dismiss employees, even when there is no evidence of impairment, after an important full Federal Court ruling yesterday.
The Fair Work Act's provisions for ending safety-threatening industrial action are broader than those of its predecessor, a senior FWC member has ruled in her reasons for suspending planned NSW power industry stoppages earlier this month.
The Federal Circuit Court has rejected a worker's claim that she was dismissed because she refused to work overtime with a co-worker rather than because she had assaulted her several months before.
In its first full bench examination of the Fair Work Act's reinstatement provisions, the FWC has ruled it has no power to attach conditions to orders returning dismissed workers to their jobs.
