An FWC full bench has cleared the way for a commissioner to redetermine an employer's objections that a worker allegedly sacked when a stranger handed her an unmarked envelope at her home did not qualify for unfair dismissal protection because it should be deemed a small business.
The FWC has stymied a company director's unfair dismissal claim for a second time, after a fresh hearing affirmed his car allowance and other benefits put his earnings beyond the high income threshold.
An FWC member was "clearly wrong" in concluding a university maintenance worker's threatening behaviour that included driving dangerously on campus fell short of that relied upon by his employer for dismissal, a full bench declared in overturning her finding of harshness.
An FWC full bench has upbraided a member for "inviting" an employer to seek to strike out an unfair dismissal claim after the employee failed to follow directions, holding that he didn't meet deadlines due to his baby son's medical condition, which required heart surgery.
A Qantas flight attendant has failed in his second chance to have an FWC full bench overturn his dismissal for downing 14 standard drinks at a New York bar, rendering himself unfit for duty the following day.
A full bench has allowed an employee to challenge his dismissal for refusing to use his employer's fingerprint scanning technology that monitored attendance and tracked shifts, finding the case raises "important, novel and emerging issues".