Employers needn't comply with rigid performance management processes when dismissing poorly-performing employees, as long as they can point to conscious and concerted efforts to address the worker's perceived shortcomings, the FWC has found.
The FWC has thrown out an employer's argument that a "wide view" of the Fair Work Act allowed it to make four safety officers working on the Gorgon LNG project redundant when they refused to accept a 13% pay cut.
The FWC has confirmed that 117 employees made redundant by a South Australian car manufacturing company will receive payments in lieu of notice as part of a redundancy package agreed to in their enterprise agreement.
The FWC has called on employers to introduce a greater range of disciplinary options like fines and unpaid suspensions into agreements to avoid "inappropriately lenient or inappropriately harsh" responses to misconduct that are problematic for all parties concerned.
Contested-facts dismissal case should have gone to hearing: Bench; Member's "significant error" in considering legal representation; FWC rejects employer's costs bid in Coty "ugly emails" case.
The FWC has upheld the sacking of a university employee who allegedly fabricated a medical certificate by inserting a "curious" phrase from another certificate to prove she was unfit for work.
A worker directed to take unpaid leave for mental health treatment has had his unfair dismissal claim rejected after falling "marginally" short of the FWC's jurisdictional prerequisite of a minimum six months' continuous service.
The Federal Government is considering changing the Corporations Act to curb "sharp corporate practices" that could threaten the "integrity and future sustainability" of the the Fair Entitlements Guarantee scheme.
An FWC full bench majority has thrown out a a company's challenge to a decision requiring it to reinstate an injured worker to his previous role and ensure he receives "work hardening".
