Quashing a finding that an airline unfairly dismissed a sales manager who refused to relocate to Beijing after breaching luggage security, an FWC full bench says a tribunal member wrongly ascribed a "sinister" motive to his transfer.
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 full bench has confirmed that redeterminations require the tribunal to contemplate matters afresh, quashing a senior member's orders that would have allowed her to consider just three specified issues and limit evidence in revisiting Alcoa's bid to bin its WA deal.
The FWC has held that a lawyer's incorrect use of a date calculator should not stand in the way of a worker filing a day-late challenge to his alleged dismissal on the basis that his employment was "frustrated" by an expected slow return to full-time work from sick leave.
Uber's business model in Australia has survived another round of regulatory scrutiny, the FWO deciding not to take compliance action after determining that its drivers are not employees.
A public servant has failed to convince the FWC to let her to amend her bullying application to include the Australian Public Service Commissioner, alleging he dealt with her complaints against the head of a financial security agency in a "grossly unfair manner" and made "vexatious allegations".
United Voice and the NUW are a step closer to conducting a member ballot on whether to merge to become Australia's biggest blue-collar union, with the FWC this week issuing a community of interest declaration acknowledging their shared industrial interests.
The FWC has refused to terminate a decade-old agreement after hearing a construction company's workers did not know it existed and observing that there was "no evidence whatsoever" about the individual employment arrangements now in place.
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In a significant decision on FWC practices, a Commission full bench has made a powerful case for members conciliating a matter to automatically step aside from arbitrating the dispute if a party objects to their continued involvement, obviating the need for recusal hearings.