A SA youth worker sacked after he was deemed "psychologically unsuitable" has failed to overturn a finding that his employer had no option because of the job's inherent requirement that he pass the psychometric test.
A tribunal head has taken the unusual step of critiquing a member's "imprecise" decision that required an appeal bench to review evidence to identify the reasoning behind his findings.
The FWC has ordered a recruitment company to immediately end the stand-down of a state manager after rejecting its claim that COVID-19 left her with no work, finding instead that it sought to force her to resign.
A worker must repay his $31,000 FEG payment after a tribunal found that he was employed by a retail chain and not by the now liquidated Plutus Payroll.
In a decision underlining the perils faced by workers who are not covered by awards or enterprise agreements, the FWC has found an employer had no statutory obligation to consult an employee about its plans to make him redundant.
The FWC has ordered compensation for an award-winning Ray White real estate salesperson sacked after "stirring the pot" over plans to pass on only a proportion of JobKeeper payments to commission-based employees.
Multinational cosmetics company Lush has backpaid workers almost $4.5 million and entered into an enforceable undertaking with the FWO after the lack of an HR department and training, along with a moribund manual payroll system, led to widespread underpayments.
A full Federal Court has confirmed that 150 workers were entitled to be paid for the 20-minute bus ride to a major energy project's security gate at the end of each shift, after one of the judges rejected a request to recuse himself because he had acted for the employer during negotiations for the deal at the heart of the dispute.
An FWC full bench has emphasised that the pattern of a casual's hours need not be consistent or predictable for their work to be regular and systematic, clearing the way for a full-time worker first engaged as a casual to file an unfair dismissal claim.
The FWC has warned employers against using Facebook Messenger to communicate with employees, in a ruling on the sacking of a casual who refused to work her JobKeeper hours.
