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Bench takes issue with counting dole in payout

In a significant decision on calculating compensation for unfairly dismissed workers, an FWC bench has concluded that a presidential member failed to properly account for JobSeeker payments or fully articulate the reasoning behind her final figure.


FWC lacks power to reinstate unwanted on-hire worker: Bench

In a significant decision on FWC powers, a full bench has found the tribunal could not force a labour hire company to reinstate a worker to his former job at client Carlton United Breweries, given the beer giant was contractually entitled to order his removal.

Tribunal finds fault with major builder's HR processes

The FWC has upbraided construction company Hansen Yuncken for its "callous" and unfair sacking of a "naïve" trainee who nonetheless provided it with a valid reason by insisting on indefinite unpaid leave to avoid lengthy public transport commutes during COVID-19.

Union sued for $900K over alleged age bias, bullying

A former HSU NSW branch organiser is suing the union for more than $900,000 in an adverse action case in which she claims to have been sacked because of her age and bullying complaints against her manager.

Umpire endorses sacking of casual JobKeeper recipient

The FWC has upheld the dismissal of a casual on-hire food and beverage attendant who did not accept any shifts while receiving JobKeeper payments that significantly increased his income, noting he lacked an incentive to work.

FWC loses patience with tenuous unlawful dismissal case

Observing that "you can only 'lead a horse to water' so many times", the FWC has after nearly a year dismissed what it described as a former university employee's largely incompetent unlawful dismissal claim.

HR manager subjected to musical chairs before sacking: Claim

An HR manager is suing a biotechnology company for humiliating high-rotation desk moves and allegedly hiring a superior for her to report to as a "contrivance" to make her role redundant after she raised pandemic-related OHS and JobKeeper issues.

Senior member fell into logic gap: FWC bench

An FWC full bench has found that a presidential member "Illogically" followed his ruling that a worker might not have been dismissed if fairly treated by calculating he would have worked just three more weeks if afforded due process.

Uninformed applicant helps employer win representation

The FWC has over the objections of a self-represented applicant granted ANZ legal representation in an unfair dismissal case, in part because of the former employee's "rudimentary" understanding as to how her case will proceed.