The FWC has found the redundancy of a FIFO labour hire coal mineworker affected by COVID-19 travel restrictions not genuine, holding that Workpac failed to meet its consult obligations after BHP said it no longer needed him.
In a significant decision acknowledging the "scarce" guidance on compulsory workplace COVID-19 vaccinations, the FWC has upheld a big employer's dismissal of a childcare worker for refusing to take a free flu shot.
The FWC has criticised a company's "entirely unjust" process in sacking a long-serving mushroom picker for misplacing a knife, while noting her prior unblemished disciplinary record contrasted strangely with a swathe of warnings following a workplace injury.
The FWC has cautioned against parties assuming they have a common understanding of notions like "usual terms" and "mutual release" in settlement agreements, after an accountant decided to proceed with her unfair dismissal case following apparently successful conciliation.
A detention centre guard who tackled an escaping detainee has failed to win permission to appeal his sacking, a FWC bench rejecting his claim that it was in the public interest because he'd saved the community "from a disastrous 'what may have been'".
A "very junior" lawyer who earned $1 million in his first three years at a firm has won more than $185,000 in compensation and penalties after he claimed it dismissed him for making almost 250 complaints.
The FWC will allow multinational cereal giant Sanitarium to lawyer-up to defend two unfair dismissal claims, noting it is "stressful enough" for an HR manager to be a witness without also representing the company, while its membership of an employer group is irrelevant.