The FWC has found that a company's failure to meet modern IR standards, including its HR manager's attempt to "retrospectively" dismiss a security investigator, provided the necessary exceptional circumstances to accept her late unfair dismissal application.
An employer has failed to establish that it genuinely made a software engineer redundant, in part because it should have offered her a lower-paying job available at a related entity in India.
An employer took adverse action against two union delegates when it retrenched them four hours before the deadline for voluntary redundancies, a court has found.
A Fair Work Commission full bench has upheld a finding that a labour hire company must make redundancy payments to a dozen employees, detailing the steps made by its chief people officer but ruling it didn't do enough to procure alternative employment for its workforce.
A long-serving former employee of a company that deliberately restructured to offload severance obligations onto the publicly-funded FEG scheme has had his redundancy payout substantially increased, after the AAT ruled that a "grand chapel" deal with the AMWU "grandfathered" generous provisions in an earlier enterprise agreement.
The Australian Criminal Intelligence Commission has in winning broad-ranging suppression orders "strongly" rejected the claim by a former IT officer suing it over an alleged "sham" redundancy that such measures were pointless given potential witnesses could be readily identified through their LinkedIn profiles.
A major mining company should have paid untaken sick leave to 20 retrenched employees, the Federal Court has ruled, in a judgment closely examining how the Fair Work Act's high-income threshold applies to annualised salaries.
A senior Aldi manager challenging the legality of being denied primary carer's leave under the retailer's apparently rebranded parental leave policy is suing the supermarket giant for discrimination, after it allegedly brought his redundancy forward and cut 26 weeks off his payout while he was on leave.
A finding that the FWC cannot keep dealing with disputes brought under old agreements once a new deal comes into effect has produced "arbitrary, anomalous and nonsensical outcomes" and is wrong, a full bench has held, calling for an amendment to the Fair Work Act to reflect the new precedent.