A health, safety and environment coordinator has failed to convince the Fair Work Commission that exceptions such as sick leave and inclement weather meant the overtime component of his salary was not "guaranteed" so should not disqualify him from unfair dismissal protection.
The FWC has assessed the value of the private use of an iPad, in determining whether an employee's income exceeded the $133,000 income cap that applied to unfair dismissal claims until yesterday.
A senior solicitor who is the director of the AI Group's law firm, Ai Group Legal, has the right to represent employers without seeking leave, because he is also the employer organisation's in-house lawyer, a FWC full bench has ruled.
A HR manager could face penalties after a court found she was involved in her employer's contravention of the Fair Work Act when it provided notice to an employee that fell two days short of the statutory requirement.
The human resources expertise available to a franchisee company from a franchisor can't be taken into account when the FWC is considering, during unfair dismissal cases, whether the absence of dedicated HR skills influenced the employer's procedures, the Commission has ruled.
The Federal Circuit Court has found a newspaper publisher took adverse action when it forced a full-time journalist to sign a take-it-or-leave it statement reducing him to two days a week - with unspecified entitlements to be paid in instalments - and sacked him when he complained.
The FWC has reinstated a Toll employee who made racist comments and has recommended the company seek to reverse its "hostile working environment" by participating in the Commission's developing better workplaces program.
Three employees of a major transport and logistics company have been reinstated after the FWC overruled their employer's decision to dismiss them for allegedly stealing uniforms.
A postal worker who engaged in "frightening and foul mouthed outbursts", including telling co-workers he would bring a samurai sword to work to attack colleagues rather than a gun, was unlikely to succeed with his unfair dismissal claim, the FWC has found.
