An FWC full bench has clarified the preconditions for employers being granted legal representation, rejecting a presidential member's opinion that jurisdictional questions are inherently complex and dismissing "bare assertions" about an HR team's incapacity to contest a case.
Financial services company IOOF is facing simultaneous adverse action claims, one from a former senior manager who alleges it sacked her because she was suffering from workplace stress and another from a manager claiming sexual harassment and gender discrimination.
A long serving manager who group-replied to a colleague's departure announcement expressing surprise at his leaving claims it led to his own sacking after being accused by his supervisor of lacking professionalism.
A former ANZ account director at Oracle Australia who claims he was told he had zero emotional intelligence before being sacked without warning is suing it in an adverse action claim seeking more than $780,000 plus commissions and penalties.
In a case likely to be closely watched by employers considering mandatory coronavirus vaccinations, the FWC will probe whether Ozcare unfairly sacked a long serving care assistant who refused a compulsory flu shot on allergy grounds, while the Commission has also weighed-in on the contentious issue of compulsory jabs for Santas.
The FWC has praised the CSIRO's approach to the dismissal of a scientist accused of threatening students he supervised, describing him as a "peddler of false allegations" who sought to characterise almost every interaction with a superior as bullying.
The FWC has in a book-length decision questioned a former Young Australian Of The Year's wisdom in pursuing an unfair dismissal case that shed light on "potential" fraud committed against the homeless people's charity she founded.
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.
The FWC has awarded $8000 compensation to an airport employee who transferred sensitive files from his work computer onto a personal USB, finding the employer took a "kitchen sink" approach to allegations used to justify his summary dismissal.
In what stands as a lesson in managing employees with deeply-held grievances, a senior tribunal member has commended a large employer's HR department for its patience in trying to accommodate a "very difficult" worker before his dismissal.