The Fair Work Commission has given a school religious education coordinator the green light to proceed with his unfair dismissal claim after his employer failed to establish that his employment ceased via the doctrine of frustration.
The Fair Work Commission has refused to reverse the dismissal of an OHS manager who used his employment-related LinkedIn account to send abusive personal emails, directed "expletive rich" language at his manager and declined to participate in a performance plan.
A FWC full bench has rejected a sacked Qantas pilot's argument that spiking of his drink meant he couldn't be held responsible for s-xually assaulting a female flight crew member during a stopover in Chile.
The FWC has rejected a "things are different on a mining site" defence from a Fortescue Metals Group worker dismissed for holding a piece of broken glass to the throat of a colleague.
A senior FWC member has found that "extraordinary" circumstances justified the tribunal accepting a sacked employee's late unfair dismissal claim, while urging the employer to settle to avoid "further criticism and embarrassment for its conduct" and panning its law firm's role in the case.
Australia could consider adopting a Kiwi-style statutory good faith obligation after the High Court's finding that there is no implied duty of mutual trust and confidence in employment contracts, according to a senior law academic.
The Fair Work Commission has dismissed the unfair dismissal claims of two highly-paid managers because their allowances elevated their remuneration beyond the high income threshold.
A Fair Work Commission full bench has rejected Glencore Xstrata's challenge to orders requiring the company to provide the tribunal with documents relating to its staffing decisions last year at its Collinsville open cut coal mine.
A company that dismissed a rigger for working unsafely at height and then allegedly ignoring a supervisor’s instruction to work differently has been ordered to pay him $9000 compensation, after failing to prove he received sufficiently clear directions.
In its first full bench examination of the Fair Work Act's reinstatement provisions, the FWC has ruled it has no power to attach conditions to orders returning dismissed workers to their jobs.
