In a long-running case with numerous twists and turns, an unfairly dismissed anaesthetist has again failed to win his job back after a Fair Work Commission full bench ruled there were no errors in Deputy President Val Gostencnik's decision that Barwon Health's loss of trust and confidence in him made reinstatement inappropriate.
In its first substantive order under the new bullying jurisdiction, the Fair Work Commission has directed an employee not to have any unaccompanied contact with a co-worker or make comments about their clothes or appearance.
The AiG will argue for a raft of annual leave changes as part of the four-year review of modern awards, including greater powers for employers to compel workers to take annual leave during close-downs and when accrued leave reaches "excessive" levels.
FWBC head Nigel Hadgkiss has called for agreement clauses allowing industry-wide RDOs, weekend shutdowns and restrictions on subcontractors and labour hire to be "consigned to the past where they belong".
A warehouse worker who claimed Linfox's social media rules infringed his "freedom of speech" has failed to overturn a ruling that his dismissal for repeated disregard of the company's policies was not unfair.
A finance company has failed to overturn an order to pay $1.6m in damages to a sales director it initially dismissed on notice and then purported to summarily sack for allegedly sexually harassing a subordinate.
The Fair Work Commission has held that the "genuinely trying" test is not a "moral" code and has granted the MUA protected ballot orders despite accepting that an employer was "rightly aggrieved" by its bargaining conduct.
The Fair Work Commission has rejected an unfair dismissal claim by an overweight forklift driver after it found he had abused his managers after having received a final written warning for similar behaviour six months earlier.
