A finding that the FWC cannot keep dealing with disputes brought under old agreements once a new deal comes into effect has produced "arbitrary, anomalous and nonsensical outcomes" and is wrong, a full bench has held, calling for an amendment to the Fair Work Act to reflect the new precedent.
A UK employment tribunal has found that an employer unfairly dismissed a nurse for using too much sick leave and discriminated against her by failing to make reasonable adjustments to accomodate her disabilities, which included migraine headaches.
A leading labour law academic has expressed concern that the High Court's recent Rossato ruling "unduly swayed" a senior FWC member who found a casual worker's contract helped establish she had no reasonable expectation of continuing employment, despite having worked every week for 14 months.
A finance analyst's decision to "go nuclear" after her employer's harsh denial of a chance to interview for new roles in a corporate restructure ultimately justified her redundancy, the FWC has found.
A FWC member has sought to emphasise that jabs are a matter of choice for employees, rather than a "mandate" imposed by employers, as a tide of COVID-19 vaccination-related unfair dismissal cases work their way through the tribunal.
An office-based stevedore who said he smoked cannabis daily while on leave due in part to the stress of agreement negotiations and COVID-19 lockdowns has failed to establish he was unfairly sacked for "out of hours conduct" after testing positive to THC at work.
In a ruling that shines a light on "haphazard" HR practices in Victoria's Health Department at the height of the pandemic, the FWC has rejected claims it did not sack a hotel quarantine worker and lambasted it for meeting production orders with redactions that rendered evidence meaningless.
An experienced HR manager, who also played a central role in his employer's doomed attempt to establish an enterprise union, failed to do any of the "basic things" expected of his profession when he seized on the first opportunity to sack a worker threatening to take bullying and harassment claims to "Fair Work", a court has found.
The FWC in upholding the sacking of an unvaccinated KFC worker has found it "regrettable" HR sent auto-generated letters that led her to believe she was dismissed for abandoning her job.
A Federal Court judge has affirmed the primacy of federal over state laws in determining that NSW workers compensation caps did not shackle the amounts he could award to a long-serving manager whose life was "effectively destroyed" by a new chief executive.
