A court has issued rare orders compelling a former economics professor to face FWO questions under oath about his capacity to pay penalties and compensation arising from underpayment judgments handed down in 2019 and 2020.
In a decision delving deeply into the statutory definition of bullying, a senior FWC member has observed that allowances should be made for "some degree of exasperation or tension" between managers and those they supervise.
The FWC has waved through a former company director's late unfair dismissal claim after accepting evidence that the deadline fell on the same day as her treatment for a heart condition allegedly exacerbated by her ex-husband "vengefully terminating" her employment.
A director's argument that he is well qualified to represent his company in an underpayments case has fallen flat, a court citing a "lack of objectivity" as being among the reasons to reject the proposition.
A worker who lodged a general protections claim after the FWC discontinued their unfair dismissal application has not offended the Fair Work Act's anti-double dipping provisions after the onset of a severe mental health condition left them unable to pursue their initial challenge, the tribunal has held.
The FWC has rejected an employer's argument that commissions should not be included in calculating compensation for an account manager found to have been unfairly sacked after refusing to get a COVID-19 jab.
A FWC deputy president has taken aim at a full bench's quashing of one of his decisions, saying it appears members are "expected to essentially run around in a series of ever decreasing circles" when parties change their representation status.
The Federal Court has refused to restrain the United Workers Union from dismissing two organisers who claim it subjected them to unlawful adverse action, finding the union's evidence "all-but-overwhelming".
An employer seeking to be covered by an existing agreement could potentially "operate in a better way" if a clause granting five days leave in return for working on three public holidays is removed, but the FWC has found the change would deny employees the chance to use the entitlement as a bargaining chip.
A senior FWC member should have considered a worker's "genuine belief" that he lodged his general protections claim on time, even though he had in fact filed a blank unfair dismissal form, a full bench has held in tackling a novel question about when an application is made.
