A union is challenging the WA Department of Education's belief that teachers automatically repudiate their employment if they receive interim negative working with children notices upon being charged with an offence, before their cases are decided in court.
In a ruling further clarifying the nature of binding agreements, the FWC has decided against hearing a car salesman's unfair dismissal application after finding that he shook hands on his employer's $8000 settlement offer and agreed to "move on".
The FWC has praised Australia Post subsidiary Startrack Express for its flawless process in dismissing an employee who "crossed a line" from tolerable crudity to unacceptable racism in his remarks to colleagues.
An administration manager sacked for being a "lying thief" has been awarded compensation of more than $13,000 after the FWC found instead that she had likely been made a scapegoat for a business's alleged attempt to commit insurance fraud.
A presidential member of the FWC has prodded legislators to revisit "confusing" aspects of the Small Business Fair Dismissal Code in order to deliver on its promise of speeding parties' progress through the unfair dismissal jurisdiction.
In a landmark ruling, the Federal Court has found today that a Spotless subsidiary failed to meet its obligations under the NES to provide notice and severance pay to employees – some with 15 to 20 years service – when it lost a longstanding services contract at a major shopping complex.
The FWC has refused to extend time for an unfair dismissal claim lodged five days late by a pro bono solicitor found to be "primarily responsible" for the delay, ruling that the worker knew the 21-day limit applied and should have followed it up with his representative.
In one of the first extended discussions about the capacity to include incidental matters in modern awards, the FWC has called for further submissions on how or whether to incorporate a standard clause that would permit employers to deduct up to five weeks pay when employees quit without giving sufficient notice.
The FWC has ruled that an organisation's failure to provide notice to a poorly-performing finance manager rendered her dismissal unfair, but has refused to order compensation because she "deliberately deceived" it about her qualifications.
An FWC full bench has ruled that when an employer dismisses a worker, it must give notice of the time when it takes effect, or an "ascertainable" date, finding that an organisation failed to meet statutory obligations when it informed an employee he would be sacked on the completion of dispute processes under its enterprise agreement.