A state IR commissioner has recused himself from hearing a high-profile adverse action case after admitting he shouldn't have perused material from the state's anti-corruption body that contradicted other evidence, before he considered admitting it.
An FWC full bench has quashed a finding that BHP Coal should have kept paying or considered alternative duties for a mineworker while his driving licence was suspended, saying it would be tantamount to requiring an employer to excuse from duties but pay workers who turned up drunk.
A company director has been found personally liable for her company's adverse action when a visa worker was threatened with the sack for speaking to an FWO inspector.
In a rare "assumed disability" discrimination case that has exposed legislative shortcomings, a tribunal has awarded $20,000 to a public servant forced to take sick leave over concerns about her enthusiasm for conspiracy theories.
In a decision confirming that employers must "expressly" advise workers when their job is at risk and provide them enough time to demonstrate improvement, an FWC full bench has quashed a finding that a bike shop complied with the Small Business Unfair Dismissal Code when sacking one of its mechanics.
In a ruling that builds on the recent "shadow lawyers" decision, an FWC full bench has found that a large company with in-house IR legal expertise does not require approval to engage a law firm to prepare its defence of a self-represented worker's dismissal claim.
A WA law firm will have to defend a restricted legal practitioner's underpayment and unfair dismissal claims after it failed to convince the state's IRC that he was an independent contractor, with the tribunal finding that only common law employees can be engaged in such roles.
An HR manager who engaged in a "concerted campaign" against her employer's interests, openly compiling a dossier about it and exceeding her authority by initiating a colleague's redundancy, has failed to win back her job.
The FWC on rehearing a yard hand's dismissal application has observed his employer's lack of HR expertise did not wash as an excuse for the "disgraceful and grossly unfair" sacking, but slashed compensation due to his vulgar language and propensity to snap when frustrated.
