A senior FWC member has decided not to throw out a worker's unfair dismissal application on her own initiative after he was six minutes' late for a phone conference, failed to comply with directions and complained the tribunal ignored the "human aspect".
The FWC has questioned the choices that left two sacked childcare workers out of pocket despite being awarded compensation of 21 weeks' pay, observing that a "realistic" approach to the employer's settlement offer would have avoided costs that included having a barrister represent them before the tribunal over three days.
The High Court has refused to grant a large charity leave to appeal a finding that the FWC did not invalidly exercise judicial power when arbitrating a dispute brought under an inherited agreement.
A graduate lawyer who proposed the terms of his legal supervision arrangement has failed to persuade the FWC he was an employee when the firm allegedly sacked him three times before having him escorted from its office by police.
A senior FWC member has declined to step aside from hearing a resuscitated case involving the Commission's own email fail, covert recordings, a threat to kill and an alleged extortion attempt.
The FWC has criticised the lawyers of an unfair dismissal applicant and his former employer for "point scoring" conduct falling foul of professional conduct rules, while rejecting the latter's costs bid and claim it did not sack the worker despite announcing his redundancy.
The FWC has called out a union bargaining representative for his "unexplained" change of heart about in-person voting for a new deal occurring during a COVID-19 lockdown, noting that his opposition only surfaced after the non-appearance of two holidaying workers helped it get up by a slim margin.
A digital marketer has been cleared to pursue her adverse action claim after the FWC dismissed an employer's contention that her billed hours exceeded those reasonably expected of a "millennial with quick reflexes".
A decision by NSW Trains to discipline a manager by shaving almost 10% off his annual pay constituted a dismissal even though he remains in the job and such action is allowed by its agreement and governing regulations, the FWC has held.
