In an inherent requirements case highlighting the need for employers to keep detailed records about return to work plans, the FWC has upheld the dismissal of a bus driver kept off the road for 16 months by a combination of nerve pain and anxiety.
A geoscientist made redundant after almost two decades with the same company has been given a second chance to argue he was unfairly dismissed after a full bench found his former employer potentially led a Commission member into error when asserting there were no alternative positions available.
The Federal Court is conducting an inquiry into an Australian Salaried Medical Officers Federation election that commenced before comprehensive rule changes could be finalised, leaving the union to contact about 80 newly elected councillors to tell them the result is invalid.
A senior FWC member has refused to stay a former Sydney Trains employee's stop bullying application while he pursues reinstatement through the courts, observing that mud would "stick" to his accused ex-colleagues as long as the matter went unresolved.
In an FWC case heavily reliant on circumstantial evidence, a former soldier with an unblemished work record has had his dismissal for stealing company property upheld after the tribunal heard of airport mix-ups on a remote island, alleged union skullduggery, an upset stomach – and a dead bat.
The FWC has upheld under the small business code the summary dismissal of a manager accused of blackmailing his employer into paying an $85,000 separation package in return for him abandoning a proposed complaint to OHS authorities.
The CFMMEU has today challenged employer groups' standing to appeal the approval of its merger, arguing they are not sufficiently affected as they will be dealing with the same officials doing the same work to the same standards, only wearing different t-shirts.
In a closely-watched dismissal case contemplating how much weight should be attached to mitigating factors, an FWC majority full bench has reinstated a worker sacked for his foul abuse and threats to colleagues via text messages and phone calls while drunk.
An FWC full bench has accepted that ordering a "cooling off" period unfairly rewarded an employer for its intransigence in refusing to bargain during a protected strike.
