A former JB HiFi worker's objection to a settlement term preventing her from ever working for the company again after an "unsavoury" incident was not enough to revive her unfair dismissal claim, the FWC has found.
In a significant decision clarifying when the FWC can deal with unlawful dismissal matters, a four-member bench has upheld a finding that a bookstore worker alleging discrimination after being sacked for refusing to wear a mask needed to prosecute her case in court.
A FWC senior member who once served as Fortescue's HR manager has observed in the course of granting its bid to transfer outsourced workers to a direct-employment deal that doing the same work for lesser conditions "inevitably" leads to discontent and would be "unfair".
The FWC has upheld an employer's entitlement to sack a depressed worker who could no longer perform his job after 33 years, but held it fluffed its lines by failing to extend him the "courtesy" of a chance to respond to its decision.
Long-time online hearings proponent Commissioner Leigh Johns says the FWC will survey self-represented applicants and respondents to obtain the views of "outsiders" on the way forward for digital proceedings, after "insiders" appeared to hanker for the "good old days".
An aged care provider must compensate a caterer after providing insufficient warning that failing to wear masks correctly could lead to summary dismissal, the FWC has found.
An unvaccinated hospital worker's decision to covertly record her summary sacking via Zoom added to the list of reasons why it should be upheld, the FWC has found.
The Morrison Government has declined to endorse the FWC's provisional view extending 10 days' paid domestic leave to about 2.6 million award-covered workers, a decision partly based on evidence that it is an "emerging standard" in bargaining and over-award arrangements.
An experienced tribunal member failed to properly apply the statutory test for assessing unfair dismissals before ordering the reinstatement of six waterfront shift managers, a FWC full bench has found.
Agreement approvals have almost halved in the space of about a decade, according to the latest three-yearly FWC general manager's reports, while almost 60% of the 12,300 endorsed in the most recent reporting period contained undertakings.
