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.
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.
The FWC has upheld an "inept" dismissal bereft of procedural fairness, finding it unlikely to have altered the result for a worker who swore, abused and tried to pick a fight with colleagues while on a warning.
An FWC full bench has clarified the preconditions for employers being granted legal representation, rejecting a presidential member's opinion that jurisdictional questions are inherently complex and dismissing "bare assertions" about an HR team's incapacity to contest a case.
In a case likely to be closely watched by employers considering mandatory coronavirus vaccinations, the FWC will probe whether Ozcare unfairly sacked a long serving care assistant who refused a compulsory flu shot on allergy grounds, while the Commission has also weighed-in on the contentious issue of compulsory jabs for Santas.
The FWC has praised the CSIRO's approach to the dismissal of a scientist accused of threatening students he supervised, describing him as a "peddler of false allegations" who sought to characterise almost every interaction with a superior as bullying.
The FWC has in a book-length decision questioned a former Young Australian Of The Year's wisdom in pursuing an unfair dismissal case that shed light on "potential" fraud committed against the homeless people's charity she founded.
The FWC has found employers are not obliged to keep workers on the payroll because of JobKeeper's availability, but has awarded a manager compensation for unfair dismissal that included 24 weeks of the job subsidy, because retaining him would have been "entirely consistent" with the scheme's objectives.