A company accused of sacking a manager for refusing to "rort" JobKeeper has told a court it dismissed him for poor performance and a loss of trust, but has declined to plead to many allegations due to an ongoing criminal investigation.
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.
A HR consultancy claims in its defence of accusations it employed security guards to keep out its chief executive and sacked her because she sought a bully-free workplace that the dismissal was solely brought about by her misuse of a corporate credit card.
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.
A marijuana-smoking supervisor who allegedly resigned after declining a drug test has had his unfair dismissal claim thrown out because a "project uplift" allowance of at least 25% counted as earnings that pushed him beyond the high-income threshold.
An FWC bench has on the basis of representative error allowed a late unfair dismissal application after noting how thoroughly the employee pursued her claim, remarking "if only her solicitor had been as diligent".
The FWC has upheld the dismissal of a patrolling council worker accused of "time fraud", despite finding that her supervisor was "asleep at the wheel" in overlooking GPS data revealing that she regularly started late and visited her partner's home during work hours.
