A Perth Airport baggage handler has been compensated after the FWC found it unfair to sack him for "extremist" social media posts, including "we all support ISIS", that purportedly sympathised with terrorist groups.
The FWC has rejected a construction of the statutory "effective representation" test argued by a dismissed employee seeking to have a lawyer appear for him in the Commission, because it would set the bar too high even for "experienced industrial advocates and lawyers".
A court has made it clear that employers can be obliged to provide reasonable notice beyond requirements in the NES, in an adverse action case triggered by a general manager's sacking for comments about a major client's pregnant wife that "when you have a baby your wife is ripped from asshole to c--t and it never looks the same again".
An accountant suspended and sent on "home leave" for his failure to honour a sale of business transaction and misdirecting company funds will receive seven months' salary because his employer failed to formally dismiss him, the Victorian Supreme Court has found.
In a novel ruling, an FWC full bench has ruled that an on-hire worker no longer had the capacity to perform his job once a labour hire provider acceded to a host employer's demand to end his placement.
The Fair Work Commission has emphasised that employers conducting drug tests are not complying with best practice if their managers take samples from employees they directly manage.
The FWC has found it reasonable for Coles Group Supply Chain Pty Ltd to dismiss a worker who tested positive to cannabis but claimed to have consumed it outside what he believed to be the "window of detection".
"Redundant" safety advisor wins extension of time; Casual whose name was dropped from list loses appeal; Poor advice from national embassy wins 457 employee claim extension.
A postal worker who was backed by then shadow IR minister John Howard in postal union elections 20 years ago has today won compensation after the FWC ruled that Australia Post made a single "glaring error" when it summarily dismissed him.
Employers calculating redundancy payments will have to count periods of regular and systematic casual employment before workers became permanent, after a Fair Work Commission majority ruling that a dissenting member warns could retrospectively bestow other entitlements such as annual leave.
