A tribunal member has in rejecting a late unfair dismissal application cast doubt on the merits of a medical certificate asserting the worker was suffering from depression caused by workplace bullying, questioning whether the doctor was qualified to make such an assessment.
In a decision clarifying the interplay between model terms and agreement clauses, a shipping company facing multiple challenges to alleged redundancies has failed to convince an FWC full bench that a model clause cancels out consultation requirements in its agreement.
The FWC has prevented a large employer from varying an agreement after its HR manager failed to fully address concerns the amendment could remove some employees from coverage without their knowledge.
In a reminder of the need for employers to strictly follow disciplinary procedures, the FWC has ordered a hospital pay more than $30,000 to a former security guard unfairly sacked over his treatment of an absconding mental health patient.
The FWC has upheld a cattle station's sacking of a director for serious misconduct, finding he paid himself unauthorised leave and failed to inform the elderly business owners of escalating legal fees of more than $1 million.
A former top bank executive who purportedly resisted efforts to involve him in a management buy-out of a prominent property business is now chasing substantial compensation through the courts, claiming he was summarily dismissed for alleged misconduct just days after making his case for exit payments.
A bottle shop attendant told by her manager that she would not be able to work in a bar while pregnant because it was "a bad look" has been awarded almost $40,000 in compensation and penalties, a court finding there was "no doubt" the employer breached adverse action provisions.
Two excavator operators who allegedly belittled trainees with "foul tirades" that left them so shaken one walked off the job have won compensation, the FWC finding their dismissal was procedurally unfair.
The FWC has dismissed Esso Australia's application to terminate the agreement covering offshore workers in Bass Strait, in the latest twist in a five-year bargaining dispute.
A senior FWC member has cautioned companies against sending dismissal decisions "up the line" without revealing the final signatory's name, observing such opacity could influence whether the process is found to be fair.
