Qantas has questioned whether there could ever be an instance where employers can lawfully outsource work if the High Court rejects its challenge to a ruling that it took adverse action against 2000 former ground crew employees when it shunned a TWU in-house tender in favour of an external bid.
A judge has been forced to pick apart a full court's remittal order before determining that he must rehear a worker's adverse action case afresh rather than merely considering "updated" evidence.
A State corporation, in the face of medical evidence, lacked the discretion to deny extra sick leave to a worker with a bad leg break that it believed didn't meet the definition of a serious long-term injury, the FWC has found.
The FWC has reinstated a Queensland rail worker sacked for breaching the organisation's zero alcohol policy when he blew 0.025 in a random workplace alcohol breath test, finding the dismissal harsh because of his unblemished 39-year tenure, his age and limited education.
The FWC has declared after eight unfair dismissal applications and 24 matters in total over two years that it will no longer entertain a persistent worker's quest for satisfaction through the tribunal.
A big employer's failure to give union representatives a "heads up" that it would impose a vaccination mandate did not necessarily render its subsequent dismissal of 25 workers unfair, the FWC has found.
The FWC has compensated a worker sacked for making "racist" comments, finding her employer's handling of her dismissal "appalling" and that it had been "very unfair to label her a racist person".
In what it claims is its first litigation seeking to have a holding company found responsible for its subsidiaries' breaches, the FWO has initiated court action against ASX-listed Super Retail Group for self-reported underpayments of more than $1 million that led to an internal audit and backpayments exceeding $50 million that the watchdog says remain short of the mark.
The FWC has reinstated a mineworker sacked by a Yancoal subsidiary for aggressive and threatening behaviour in which he threatened to cut a co-worker's throat, finding the dismissal harsh because of his unblemished 12-year tenure, his remorse and his PTSD.
