An FWC member was "clearly wrong" in concluding a university maintenance worker's threatening behaviour that included driving dangerously on campus fell short of that relied upon by his employer for dismissal, a full bench declared in overturning her finding of harshness.
The Full Federal Court erred in the landmark Skene decision on casual employees by taking account of "post-contractual conduct" such as rosters, according to the labour hire company involved in the case.
Uber has warned a Victorian on-demand workforce inquiry against "isolated state-based intervention into workplace laws", while calling for a "holistic" national approach that would allow it to better support drivers without them being deemed employees.
The Federal Court has resuscitated a worker's long-running adverse action claim, accepting that a 2014 settlement agreement with her employer might have been based on incorrect advice she was given by an FWC member.
The article published earlier this afternoon on a FWC full bench overturning a decision to strike out an unfair dismissal claim has been corrected, after identifying the wrong member as having made the initial ruling.
An FWC full bench has upbraided a member for "inviting" an employer to seek to strike out an unfair dismissal claim after the employee failed to follow directions, holding that he didn't meet deadlines due to his baby son's medical condition, which required heart surgery.
A tribunal has ordered a health service to reinstate the chair of its credentialing committee dismissed for his role in appointing to an obstetrics job a recovering alcoholic suspected of falling off the wagon at work, rejecting as "absolute codswallop" its claim that the chair now poses a danger to the public.