In the latest ruling on the distinction between independent contractors and employees, the FWC has found that a graphic designer whose hours for related small employers were "negotiated" on a weekly or fortnightly basis over almost three years was capable of being dismissed.
An FWC member was "clearly wrong" in concluding a university maintenance worker's threatening behaviour that included driving dangerously on campus fell short of that relied upon by his employer for dismissal, a full bench declared in overturning her finding of harshness.
The Federal Court has resuscitated a worker's long-running adverse action claim, accepting that a 2014 settlement agreement with her employer might have been based on incorrect advice she was given by an FWC member.
A Sydney-headquartered technology company was not required to pay redundancy to a former regional marketing manager based in Singapore as he did not perform any work in Australia, a court has found.
An FWC full bench has upbraided a member for "inviting" an employer to seek to strike out an unfair dismissal claim after the employee failed to follow directions, holding that he didn't meet deadlines due to his baby son's medical condition, which required heart surgery.
A tribunal has ordered a health service to reinstate the chair of its credentialing committee dismissed for his role in appointing to an obstetrics job a recovering alcoholic suspected of falling off the wagon at work, rejecting as "absolute codswallop" its claim that the chair now poses a danger to the public.
An Aboriginal night patrol officer sacked for timesheet discrepancies has won back his council role after an FWC member took into account "very strong" ties to his remote community and the dearth of alternative employment opportunities.
An academic has welcomed a significant FWC full bench finding that a worker's refusal to participate in fingerprint scanning did not justify his dismissal and warns that many employers lack awareness of their legal obligations and the potential consequences of biometric technology.
The Federal Court has ordered a construction company to reinstate an electrician until it decides whether it took adverse action by sacking him within 10 days of his becoming a health and safety representative and reporting suspected asbestos in a water tunnel.
One of Australia's largest employers has convinced the FWC that it should have access to external legal representation to defend its dismissal of a self-represented employee accused of stealing $400, because its in-house legal and HR personnel lack expertise in IR advocacy.
