In an important decision, a Fair Work Commission full bench has ruled that regular overtime can be classified as earnings when determining whether the remuneration of workers making unfair dismissal claims is below the statutory limit.
In a long-running case with numerous twists and turns, an unfairly dismissed anaesthetist has again failed to win his job back after a Fair Work Commission full bench ruled there were no errors in Deputy President Val Gostencnik's decision that Barwon Health's loss of trust and confidence in him made reinstatement inappropriate.
A warehouse worker who claimed Linfox's social media rules infringed his "freedom of speech" has failed to overturn a ruling that his dismissal for repeated disregard of the company's policies was not unfair.
A finance company has failed to overturn an order to pay $1.6m in damages to a sales director it initially dismissed on notice and then purported to summarily sack for allegedly sexually harassing a subordinate.
The Fair Work Commission has rejected an unfair dismissal claim by an overweight forklift driver after it found he had abused his managers after having received a final written warning for similar behaviour six months earlier.
The Federal Circuit Court has rejected a club manager's claim that her employer breached adverse action and consultation laws when it made her redundant, accepting it did so for financial reasons.
BHP Coal was entitled to dismiss a boilermaker who tried to return to work after a lengthy injury-related absence with "quite insufficient and generic medical information" and then refused to attend a company-organised medical assessment.
The employers of two long-term train drivers who were off work for between 18 months and two years because of health issues were entitled to dismiss them when they were ruled unable to resume driving duties, the Fair Work Commission has found.
In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.
The Fair Work Commission has criticised a major Australian corporation for failing to give enough support to an employee who sought an internal transfer on medical grounds so that he could continue working, despite finding that his dismissal for abusing a manager was not unfair.
