The FWC has thrown out an unfair dismissal case brought by a law student sacked from a full-time job as a legal assistant for failing to get a COVID-19 jab, finding she did not complete the required minimum employment term after taking time off to sit exams.
Menulog appears to have suffered a self-inflicted wound in its quest to establish a gig economy beachhead within the existing IR framework, the FWC finding its workers fall under an award that pays more than the one it currently relies upon.
The FWC has waved away as "disingenuous" an employer's claim that it would be left with no employees if it offered award-level entitlements in a proposed deal, observing that various guarantees and undertakings are no substitute for the detail needed to properly conduct a BOOT assessment.
The FWC has refused to accept the pandemic as an excuse for an employer's late payment of wages over a six-month period, agreeing to consider a worker's general protections application on the basis that the delays left him with no choice but to resign.
In a significant ruling on dismissals deemed harsh by the FWC, a full bench has endorsed the "unorthodox" approach taken by a member who ordered the reinstatement of a forklift driver who breached an employer's "no mobile phones" policy.
A large employer has failed to win costs against a law firm it accused of burying "their heads in the sand" over the integrity of a client whose claims of mistakenly altering the expiry date on a key qualification fell apart under scrutiny by the FWC.
For the second time in a month a FWC full bench has turned its mind to the fundamental question of the point at which a worker has been dismissed, overturning a decision that did not properly consider a disputed contract.
The FWC has "reluctantly" applied the brakes to the NSW Government's COVID-19 vaccination mandate for some rail workers after finding it has an obligation to consider two unions' post-implementation challenges to the policy.