Fair Work Commission and predecessors page 105 of 201

2001 articles are classified in All Articles > Institutions, tribunals, courts > Fair Work Commission and predecessors


Bank not in deal breach despite IT worker's cloud-based fears

An IT specialist with a major bank has failed to persuade the FWC that deployment to a new cloud-first role represented an agreement breach because it placed unreasonable demands on his fading capacity to learn.

R&R counts towards minimum employment period: FWC

A casual FIFO worker has been cleared to pursue an unfair dismissal claim despite the employer arguing that half of his seven months with them was taken up with unpaid R&R.

Late unfair dismissal applicant "honoured" her dying mother: FWC

A worker dismissed two days before flying overseas only to discover on arrival that her mother was dying of cancer has had her late unfair dismissal application accepted, the FWC finding it would have been "shockingly callous" to require detailed medical records sought by her former employer.


"Arbitrary" coverage of high earners sinks deal

The FWC has rejected a coal mining deal that would have let a new Qube subsidiary "arbitrarily" determine coverage by excluding those paid above the high-income threshold.

Regular work, not hours, the key to casual status: Bench

An FWC full bench has allowed a casual worker to claim unfair dismissal after finding a senior tribunal member wrongly focussed on her irregular "pattern" of days and hours in holding she had not met the minimum employment period.


FWC rejects reinstated worker's second bid for costs

In a decision closely examining the FWC's power to award costs, a reinstated worker who was the beneficiary of an earlier ruling has on rehearing failed to persuade the Commission that her employer either unreasonably defended the unfairness of its actions or ignored its poor prospects of success.

"Feeling fabulous" posts derail adverse action claim

In yet another decision highlighting the potential pitfalls of social media use, the FWC has dismissed the extension of time application of a beauty therapist who claimed to suffer from agoraphobia but posted regular images of herself out with friends and "feeling fabulous".

Union official loses entry permit after "unprovoked" outburst

The FWC has taken the rare step of revoking the entry permit of a CFMMEU official who aggressively swore at a subcontractor at a road construction site before asking if he was going to use the hammer he was carrying "to smash me".