A former Coles worker is seeking special leave from the High Court to appeal a ruling that unsettled the FWC's approach to general protections applications and found it entitled to first establish whether workers have been dismissed.
The FWC has counted a Rio Tinto worker's $20,000-plus remote area travel allowance as earnings that pushed her total income beyond the $153,600 cap for unfair dismissal claims.
A tribunal has upheld the revocation of a high school teacher's working with children authorisation after finding that while accusations and behaviours consistent with grooming had not been conclusively established, he continued to put himself in compromising situations.
An ASX-listed company failed to meet its own standards for investigating alleged misconduct when it neglected to interview two key witnesses and relied upon a manager's inaccurate account of a worker's response to accusations, the FWC has found.
In a decision highlighting the challenges of managing remote workers during a pandemic, the FWC has awarded compensation to a salesperson dismissed after a director took exception to her attitude during a teleconference and drew negative conclusions about her productivity after scrutinising her Instagram posts.
The FWC has found that allowing a large employer to be legally represented would be "manifestly unfair", rejecting its argument that excessive complexity would arise from its HR manager having to conduct the case and act as a witness.
The FWC has ordered the reinstatement of a mine under-manager with an impeccable 40-year work record but docked $55,000 from his pay for misconduct that resulted in a colleague straining his leg.
The FWC has extended time for an employee sacked for allegedly persistently flouting a COVID-19 OHS plan, after it accepted her law firm's explanation that the stresses of working from home hampered the mental health of the paralegal responsible for lodging her claim.
The Federal Circuit Court has criticised the Federal Department of Agriculture for taking a "belligerent", "intransigent course" in resisting an extension of time and seeking costs against a former employee despite her lawyers accepting full responsibility.
