A senior manager on a $240,000 annual remuneration package has failed to convince the FWC he is an award-covered employee protected from unfair dismissal.
A full bench has again affirmed the FWC's ability to use undertakings to overcome concerns about how deals are explained ahead of a vote, rejecting a CFMMEU challenge to the redetermination of a controversial power industry deal.
The FWC has refused to hear the out-of-time unlawful termination case of a teacher allegedly "forced" into taking maternity leave, finding her confusion over the dismissal date, a delay caused by filing the wrong claim and a difficult birth did not amount to exceptional circumstances.
A senior FWC member has cited the ubiquity of "incomplete [or] incorrect" applications received by the tribunal in rejecting a regulatory body's $36,000 costs bid against a former employee who mistakenly claimed discrimination on the basis of s-x.
The Ai Group is calling for urgent legislation to enable awards to keep pace with "contemporary work practices", after an FWC full bench rejected a joint bid to boost overtime provisions for lower-level IT professionals while preserving flexibilities.
The FWC has rejected a major utility's attempt to introduce a zero blood-alcohol regime for its 2500-strong workforce, calling out management for a "selective" policy review and failing to alert unions that it would treat first breaches as serious misconduct instead of issuing a warning.
A worker sacked over performance and conduct issues has failed to establish a connection with his mental disability or that his employer took adverse action on the basis of his bullying complaints.
The FWC has upheld the sacking of a hospital operating theatre cleaner who spent 44% of his working time, excluding breaks, in a tea room, but has scolded the employer for its "faintly ridiculous" arguments against allowing him to "meticuously review" damning CCTV footage.
A Jehovah's Witness's ineptitude and expectation he should be treated "deferentially" at work, rather than any religious discrimination, resulted in his dismissal from a labouring job after seven weeks, a court has found.
