In a closely-watched dismissal case contemplating how much weight should be attached to mitigating factors, an FWC majority full bench has reinstated a worker sacked for his foul abuse and threats to colleagues via text messages and phone calls while drunk.
An FWC full bench has accepted that ordering a "cooling off" period unfairly rewarded an employer for its intransigence in refusing to bargain during a protected strike.
The FWC has upheld the sacking of a personal assistant who became entangled in a company power play, finding that her employer's belief that she lied to cover a director's tardiness satisfied the requirements of the small business code.
In a rare case turning on an employee's loss of trust in his employer rather than the other way around, the FWC has stepped back from ordering the reinstatement of a worker found to have been unfairly dismissed, despite describing it as the most "compelling" remedy.
The FWC has ordered a franchisee to compensate an unfairly dismissed employee who contacted head office to report her boss for drunkenness and drink driving in accordance with company whistleblowing provisions.
The MUA has failed in an attempt to extend its coverage to certain truck drivers working at the Patrick Stevedores terminal at Port Botany, after opposition from both the TWU and the employer, the Qube logistics group.
Glencore's Oaky North coal mine workers have voted to accept the same in-principle agreement that they rejected in January, with the CFMMEU crediting its successful FWC bid to pause a bitter seven-month lockout with creating the right environment to break the deadlock.
Confusing evidence from Rio Tinto experts might have contributed to a senior FWC member incorrectly assessing the number of safety breaches committed by a dismissed mechanic, a Commission full bench has found.
The South Australian branch of the AWU has refused to participate in a hearing into a major grain company's successful agreement termination bid, telling the FWC it has "no confidence" in a legal process for employer terminations that unfairly bolsters their bargaining position.
