An FWC member hearing a jurisdictional objection in an unfair dismissal case wrongly ruled that he should automatically exclude video evidence that he found had been unlawfully obtained, a full bench has ruled today.
An underperforming sales representative has been awarded $36,280 in compensation after the FWC found he was effectively dismissed when his employer sought to "game to their advantage" his request for a demotion.
An FWC member has rebuffed an employer's claim that he should recuse himself from hearing an unfair dismissal case on the basis of an ultimately admitted error he made in writing up a jurisdictional decision.
A wholefood store that summarily dismissed a chef after a three-day absence for cancer treatment has failed to establish that he abandoned his employment, the FWC slamming its "extraordinarily heartless disregard".
The FWC has rejected an employer's claim it did not summarily dismiss an apprentice by text, describing a later email in which the teenager was told "we are holding your position open" as a "retroactive" attempt to characterise the worker as having quit.