Fair Work Commission and predecessors page 98 of 200

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No hearing for teacher "forced" onto maternity leave

The FWC has refused to hear the out-of-time unlawful termination case of a teacher allegedly "forced" into taking maternity leave, finding her confusion over the dismissal date, a delay caused by filing the wrong claim and a difficult birth did not amount to exceptional circumstances.

Mistaken s-x reference no basis for costs

A senior FWC member has cited the ubiquity of "incomplete [or] incorrect" applications received by the tribunal in rejecting a regulatory body's $36,000 costs bid against a former employee who mistakenly claimed discrimination on the basis of s-x.

FWC bench "out of step" in knocking back award change: Ai Group

The Ai Group is calling for urgent legislation to enable awards to keep pace with "contemporary work practices", after an FWC full bench rejected a joint bid to boost overtime provisions for lower-level IT professionals while preserving flexibilities.

HR manager's "troubling" reliance on selective review

The FWC has rejected a major utility's attempt to introduce a zero blood-alcohol regime for its 2500-strong workforce, calling out management for a "selective" policy review and failing to alert unions that it would treat first breaches as serious misconduct instead of issuing a warning.



Claimant's death leaves executors to discontinue matter: FWC

In a decision clarifying how the FWC deals with unresolved matters in which the applicant has died, the tribunal has wound up a 20-month-old unfair dismissal case after determining that only executors of a claimant's estate can discontinue it.


Another dunking for offshore deal

A labour hire company's successor agreement has again failed to win approval from the FWC, despite an undertaking aimed at addressing a finding that it told workers their rates of pay would rise when they would actually fall.

FWC makes first COVID-19 redundancy pay rulings

The FWC, in contrasting redundancy decisions delivered on the same day, has agreed to slash the payment a small, pandemic-affected business must make to a worker, but has rejected another employer's bid to do the same for three of its former employees.