Fair Work Commission and predecessors page 3 of 87

866 articles are classified in All Articles > Institutions, tribunals, courts > Fair Work Commission and predecessors


IR advice business attracts FWC's ire

The FWC has speculated that the ACCC might have grounds to look into the practices of employment advisor Unfair Dismissals Direct after appraising its role in a late unfair dismissal application accepted out of time.

"Fairness" issue sees crane driver's reinstatement suspended

BlueScope Steel has won a stay on orders to reinstate a veteran crane operator sacked after his third safety breach, with an FWC full bench to consider whether a member unfairly relied on his experience of its "proactive" disciplinary approach.

No room for pet theory before sacking: FWC

An employer that summarily dismissed a casual worker who abused and threatened colleagues should have offered her an opportunity to explain behaviour that might hypothetically have been a reaction to the death of a beloved pet, the FWC has found.

Reinstatement problematic after calling HR partner "despicable": FWC

A senior FWC member in upholding a Virgin Australia ground crew worker's dismissal over pilfered cigarettes has noted that "one's fate" is often sealed by attempted cover-ups rather than the actual misconduct, further observing that the former employee did himself no favours when posting on social media that the airline's HR partner was a "despicable human being".

Employer can ask claustrophobic tradie to work in enclosed spaces: FWC

A multinational "people flow" company can require a tradesperson with severe claustrophobia to transfer from an escalator repair team to an elevator repair team, the FWC has found, while cautioning that its approach to accommodating his condition would be considered if he returned with an unfair dismissal claim.

Sacking by text not "generational", just plain callous: FWC

A long-serving industrial tribunal member has taken aim at an employer's claim that summarily sacking a worker by text was a "generational thing", describing the method as "unconscionably undignified" while insisting that dismissals should always be conducted face-to-face.

Deal approved despite union's concern over undertakings

In a decision clarifying the extent to which employers can address shortcomings in order to finalise an agreement already voted on, the FWC has approved a black coal deal opposed by the CFMMEU after accepting it would not be "substantially" changed by 14 undertakings.

Tardy underpayment claim foiled by new deal

A worker's tardy pursuit of claimed underpayments under an old agreement has failed, the FWC agreeing with the employer that it lacked jurisdiction once a new deal was approved.

Casual worker questions see big employer granted legal assistance

A large employer has for the second time in a year successfully argued that disposition of a matter before the FWC would be best served by it being permitted to engage an external lawyer to argue against a self-represented worker, given its admitted lack of expertise in IR matters.