The importance of 'choice versus direction' in determining whether employees are working or not has been highlighted in an FWC decision considering the case of boat masters and crew having their unpaid meal breaks interrupted to assist passengers on multi-day dive trips.
A home improvement company had a valid reason to sack a business manager who recklessly approved credit for a struggling customer, but the FWC has held that its process in dismissing him while on sick leave rendered it unfair.
An IT specialist with a major bank has failed to persuade the FWC that deployment to a new cloud-first role represented an agreement breach because it placed unreasonable demands on his fading capacity to learn.
Hewlett Packard must pay an overperforming sales executive more than $370,000 to honour a decade-old unpaid bonus, after the technology giant failed to establish that it can retrospectively cap commissions if employees substantially exceed targets.
A casual FIFO worker has been cleared to pursue an unfair dismissal claim despite the employer arguing that half of his seven months with them was taken up with unpaid R&R.
A NSW ministerial speechwriter who lost her post over a "personality clash" cannot challenge the dismissal in the state's industrial tribunal, after it ruled she was a labour hire employee.
A worker dismissed two days before flying overseas only to discover on arrival that her mother was dying of cancer has had her late unfair dismissal application accepted, the FWC finding it would have been "shockingly callous" to require detailed medical records sought by her former employer.
A court has cleared the way for two accountants fighting a restraint of trade case to argue that their contracts were void if their employer breached implied terms requiring it to act lawfully and in accordance with the industry's code of ethics.
Australia Post is facing a damages bill for breaching the contract of a national worker's compensation manager who accused it of caving in to union demands to remove him, after failing to establish that it offered him an equivalent position after a period of gardening leave.
An FWC full bench has allowed a casual worker to claim unfair dismissal after finding a senior tribunal member wrongly focussed on her irregular "pattern" of days and hours in holding she had not met the minimum employment period.
