The FWC has upheld the sacking of a kitchen hand who turned up intoxicated in his own time to prepare for his next shift, but has berated the employer over its "failure to exercise basic decency" when leaving him to find his own way home.
The 12-day gap between a concreter's two-day "trial" and starting full-time work did not count as "continuous" employment, leaving him just shy of the statutory minimum necessary to challenge his dismissal, the FWC has found.
A court has thrown out claims by a HR consultancy's former chief executive that she experienced relentless bullying, unilateral pay deductions and an excessive workload before her unlawful sacking in 2020 for allegedly misusing a corporate credit card.
Australia’s largest family-owned office supplies company unfairly sacked an account manager when it claimed she repudiated her contract by refusing to get a COVID-19 jab, the FWC has found.
A court has refused to grant a self-represented on-hire worker a second extension of time to pursue his "confusing" adverse action case, finding too many gaps in his explanation for a 10-week delay during which he badgered the FWC to arbitrate the matter and travelled overseas.
A full Federal Court has overturned orders for a big company to compensate a former employee for a "sham" redundancy, finding a judge wrongly ruled on the necessity of a business restructure.
The FWC has found the AMWU genuinely made special projects officer Dave Kelly redundant, finding it retrenched him because it "was no longer a good spend of union funds to pay" him, rather than any "union election-related skullduggery" or "capriciousness".
The FWC has ordered a Gold Coast cabaret club to compensate two workers it sacked after intercepting private social media discussions about a colleague's pay, finding it treated them like they had broken into its equivalent of the Watergate complex to expose key secrets over WikiLeaks.
In a significant decision for Australian companies hiring workers overseas, the FWC has allowed an Argentina-based chief operating officer's adverse action case to proceed after finding the employment contract was formed when an email accepting the job offer was opened in Sydney.
A Channel 10 executive producer has failed to convince the Federal Court that the broadcaster should have paid her an extra $400,000 under its significantly more generous enterprise agreement redundancy pay provisions, rather than the NES entitlement she received.
