A senior FWC member has found that "extraordinary" circumstances justified the tribunal accepting a sacked employee's late unfair dismissal claim, while urging the employer to settle to avoid "further criticism and embarrassment for its conduct" and panning its law firm's role in the case.
A modern award is set to be stripped of a discriminatory clause that has prevented 13 older employees accessing between 40 and 60 weeks redundancy pay over the past 18 months.
Australia could consider adopting a Kiwi-style statutory good faith obligation after the High Court's finding that there is no implied duty of mutual trust and confidence in employment contracts, according to a senior law academic.
The Fair Work Commission has dismissed the unfair dismissal claims of two highly-paid managers because their allowances elevated their remuneration beyond the high income threshold.
A Fair Work Commission full bench has rejected Glencore Xstrata's challenge to orders requiring the company to provide the tribunal with documents relating to its staffing decisions last year at its Collinsville open cut coal mine.
A company that dismissed a rigger for working unsafely at height and then allegedly ignoring a supervisor’s instruction to work differently has been ordered to pay him $9000 compensation, after failing to prove he received sufficiently clear directions.
The Fair Work Commission has granted a Coles store manager an extension of time to file his unfair dismissal claim after finding that he was misled into believing that the supermarket giant was investigating the termination of his employment.
A chief executive has been awarded more than $3m after a court found that his employer's redundancy policy was incorporated into his contract of employment, but his off-sider will take home nothing after failing to prove that the policy became part of his contract as part of a "course of dealings".
Employers are likely to rely more heavily on zero tolerance drug and alcohol policies to discipline or dismiss employees, even when there is no evidence of impairment, after an important full Federal Court ruling yesterday.
The Fair Work Commission has awarded full redundancy pay to a general manager who lost his position after his company acquired another firm, ruling that an offer of a different senior role at the same salary level was not acceptable alternative employment.
