The FWC has found employers are not obliged to keep workers on the payroll because of JobKeeper's availability, but has awarded a manager compensation for unfair dismissal that included 24 weeks of the job subsidy, because retaining him would have been "entirely consistent" with the scheme's objectives.
After revoking a finding that a worker was entitled to carer's leave as his mother could not look after his children due to COVID-19 concerns, the FWC has found he met the bar for only one day and can "split the different" on repaying the rest.
A church caretaker who asked why he was left out of JobKeeper is suing its vicar and executive for sham contracting, alleging they tried to reframe his employment and sacked him when he failed to sign an independent contract.
A managing director's attempt to "point-score" during hearings into the dismissal of an employee who feared a gun-owning co-worker has been decried by an FWC commissioner as among the "poorest displays" from a respondent she has encountered in five years on the Commission.
The FWC has declined to hear an NRL assistant coach's late claim that his club unfairly dismissed him during the season's temporary suspension due to COVID-19, but has conceded that he might reasonably feel "particularly aggrieved" about his selection for redundancy.
The FWC has ordered a recruitment company to immediately end the stand-down of a state manager after rejecting its claim that COVID-19 left her with no work, finding instead that it sought to force her to resign.
In a decision underlining the perils faced by workers who are not covered by awards or enterprise agreements, the FWC has found an employer had no statutory obligation to consult an employee about its plans to make him redundant.
The FWC has ordered compensation for an award-winning Ray White real estate salesperson sacked after "stirring the pot" over plans to pass on only a proportion of JobKeeper payments to commission-based employees.