A senior tribunal member has taken the rare step of steering an unfair dismissal claimant towards the FWC's free legal advice service as a means of counterbalancing any "potential prejudice" arising from his decision to allow an employer to be represented.
An FWC member has lashed BHP for its "astounding" failure to properly apply its 'fair play' policies when it sacked a mineworker for telling two female colleagues a crude joke.
A Federal Court full court majority has given a broad meaning to a section in the Fair Work Act's general protections that says employees must be "able to complain" to establish a breach of their workplace rights.
A tribunal member has rounded on an employer for its "reprehensible" response to being found to have unfairly dismissed a worker, describing as "wage theft" its tardy provision of backpay.
An FWC bench led by Justice Iain Ross has shot back at a full Federal Court direction to properly answer a question posed by the president himself, maintaining it had already done so before highlighting the relevant passages.
The FWC has rejected a massage therapists' deal on the basis that extra wording in a preamble and at the end of the representational rights notice might have affected employees' interpretation and detracted from key messages.
The FWC has upheld Star Casino's sacking of a food and beverage server who said he tapped a colleague's bottom in an act of comradery, accused three workmates of entrapping him and threatened to "raise hell" for his employer.
In a decision contemplating the extent to which pleadings can be changed during proceedings, an appeal court has refused a manager's last-minute bid to claim he was assaulted by co-workers when "impelled" to perform in gold hotpants during a company conference.
A tribunal has upended a large transport company's "unilateral" decision to change to zero its blood alcohol policy limit for contracted owner-drivers, finding a toolbox meeting and noticeboard postings did not meet the governing agreement's consultation requirements.
An FWC member must rehear the unfair dismissal claim of a glazier sacked for frequent absences following surgery, a full bench finding he failed to consider whether the employer notified the worker of reasons later found to be valid or gave him a chance to respond.
