A full Federal Court has confirmed that annual leave owed to workers on termination of employment must be paid out at the same rate they would have received had they taken it while still working.
An FWC full bench has ruled that a Catholic school religious education coordinator charged with criminal offences wasn't dismissed, because child protection legislation rendered "impermissible" his continued employment.
A tram company's payments to a driver it suspended then sacked for texting on the job made up for procedural shortcomings arising from its "hands off" HR practices, the FWC has found.
A health, safety and environment coordinator has failed to convince the Fair Work Commission that exceptions such as sick leave and inclement weather meant the overtime component of his salary was not "guaranteed" so should not disqualify him from unfair dismissal protection.
The FWC has assessed the value of the private use of an iPad, in determining whether an employee's income exceeded the $133,000 income cap that applied to unfair dismissal claims until yesterday.
A senior solicitor who is the director of the AI Group's law firm, Ai Group Legal, has the right to represent employers without seeking leave, because he is also the employer organisation's in-house lawyer, a FWC full bench has ruled.
The human resources expertise available to a franchisee company from a franchisor can't be taken into account when the FWC is considering, during unfair dismissal cases, whether the absence of dedicated HR skills influenced the employer's procedures, the Commission has ruled.
The FWC has reinstated a Toll employee who made racist comments and has recommended the company seek to reverse its "hostile working environment" by participating in the Commission's developing better workplaces program.
Three employees of a major transport and logistics company have been reinstated after the FWC overruled their employer's decision to dismiss them for allegedly stealing uniforms.
