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Director counted-in as dismissal case waved through

The FWC has allowed a worker to proceed with her unfair dismissal case after it found that counting the employer's director and company secretary lifted numbers above the 15-employee threshold that excludes small businesses.

Stand-down burden fell unfairly on single team member

In a decision reinforcing the need for pandemic-affected employers to spread the burden fairly, the FWC has found that a multi-billion-dollar business should have reduced hours across a head office team instead of standing down one of its members for an indefinite period.


Government inquiry recommends codifying gig workers' status

The Victorian government's landmark inquiry into the on-demand workforce recommends codifying work status in the Fair Work Act rather than relying on "indistinct" common law tests, as well as relaxing laws to enable those engaged in the gig economy to bargain collectively.

Senior tribunal member rejects ex-lawyer's "blatant bias" claim

A senior FWC member has declined to recuse himself from hearing an unfair dismissal case brought by a disbarred lawyer who accused him of "blatant bias" and having a "sweet little racket" bullying unrepresented workers.

FWC upholds sacking of traumatised whistleblower

The FWC has upheld Essential Energy's dismissal of a whistleblowing risk manager deemed unable to perform her job's inherent requirements after suffering PTSD and taking extended leave following a finding that she breached its code of conduct.

Watchdog to have less bite during virus crisis

In a coronavirus-driven strategy shift, the Fair Work Ombudsman will temporarily consider the "impact on viability" when deciding whether to prosecute employers, but has stressed it will still require underpayments to be made good.


Cup day dismissal not on the nose

Procedural flaws in a worker's summary dismissal on Melbourne Cup day did not outweigh the seriousness of having invited the theft of a company vehicle by leaving the keys in the ignition, the FWC has found.

Sacked public servant "misled" by government website

An FWC presidential member has taken a swipe at a "misleading" state government website for wrongly convincing a public servant that the federal tribunal was the right forum in which to contest her dismissal.