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"Appalling" domestic violence explained late claim: FWC

A victim of "appalling" domestic violence did not need to provide independent medical advice to explain why she filed an unfair dismissal application almost four months late, the FWC has found.

Extend positive duty: Report

Employment rights legal centre JobWatch says a client survey suggests most employers are failing to take internal complaints of workplace sexual harassment and discrimination seriously or to adequately protect employees, prompting recommendations to expand positive duty and vicarious liability provisions, and actively monitor compliance.

Rapid gains under Queensland gender equity laws: QCU

Queensland Council of Unions secretary Jacqueline King says Workplace Relations Minister Tony Burke is "receptive" to calls for new gender equity laws replicating the State's legislation that has "made more of a difference" in its first year than in the previous two decades under the Queensland IRC's equal remuneration principle.

Suggestion of criminal behaviour "intimidatory": FWC

The FWC has castigated an employer for its "unconscionable" and "intimidatory" written notice suggesting that a casual duty manager committed theft and fraud when she failed to pay for a drink or offer an explanation for missing stock, while it has also lambasted its representative, Clubs NSW, for its "unprofessional" conduct in characterising her conduct as criminal.

Upwards path for discrimination, harassment damages: Bornstein

Maurice Blackburn's head of employment and industrial law, Josh Bornstein, says damages for discrimination and harassment "remain persistently low" but he expects an upwards trajectory as their impact has been "laid bare" and expectations are now clearer.

Unsteady kitchen hand not afforded "basic decency": FWC

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.

Work "trial" did not signal start of continuous service: FWC

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.

CEO's sacking for credit card use no "witch hunt": Court

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.

Vaccination refusal not a repudiation of contract: FWC

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.

Worker's failure to heed FWC's "important note" scuttles court case

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.