A multinational "people flow" company can require a tradesperson with severe claustrophobia to transfer from an escalator repair team to an elevator repair team, the FWC has found, while cautioning that its approach to accommodating his condition would be considered if he returned with an unfair dismissal claim.
The FWC has thrown out a bullying claim from an employment consultant who felt aggrieved by his manager's approach to a colleague's "dad jokes" and accused his manager of sexually harassing him by touching his shoulder during a discussion about political correctness.
A long-serving industrial tribunal member has taken aim at an employer's claim that summarily sacking a worker by text was a "generational thing", describing the method as "unconscionably undignified" while insisting that dismissals should always be conducted face-to-face.
In a decision clarifying the extent to which employers can address shortcomings in order to finalise an agreement already voted on, the FWC has approved a black coal deal opposed by the CFMMEU after accepting it would not be "substantially" changed by 14 undertakings.
An FWC full bench has clarified when non-bargaining representatives opposing agreement approvals have a right to be heard, clearing the way for the CFMMEU to test whether a wrongly-declared representative is incapable of being covered by a deal.
A large employer has for the second time in a year successfully argued that disposition of a matter before the FWC would be best served by it being permitted to engage an external lawyer to argue against a self-represented worker, given its admitted lack of expertise in IR matters.