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Award severance clause trumps incapacity provision: Bench

An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.

Victoria starts consultations on gig economy proposals

Victoria's Andrews Labor Government has opened public consultations into the recommendations of the landmark inquiry into the gig economy workforce, while it has also appointed its first public sector gender equality commissioner.

Tribunal backs sacking of worker who text-harassed HR manager

The FWC has upheld the dismissal of a council worker on a "destructive path", following a day that started with him refusing to wear safety boots and ended with him almost hitting a team leader with his truck and harassing a HR manager.

Redundancy genuine despite HR team's pratfalls

The FWC has accepted an employer's explanation that the "incompetency" of its HR team led it to advertising a redundant position less than two months later and subsequently inviting a former employee to "recommence" his role.

Insistent on-hire worker reasonably refused Coles shifts: FWC

The FWC has rejected an on-hire warehouse worker's unfair dismissal case after weighing evidence that he hectored his supervisors so much about returning after an accident that he was put on client Coles' "do not hire" list.

Missing dismissal email an "unexplained vagary of cyberspace": FWC

The FWC has reinforced the importance of dismissals being communicated face to face after finding that a worker's claim she never received an emailed termination letter had to be put down to an "unexplained vagary of cyberspace".

Sacking costs listed company $1.1m despite unsigned contract

An ASX-listed investment house that summarily dismissed an executive director without explanation must pay $1.1 million in damages, after the absence of a signed contract left a court to assess her implied bonus and notice terms.

Heavy fines for employer that orchestrated safety rep's dismissal

An employer and director have been hit with near-maximum fines totalling $60,000 in recognition of the seriousness of the "contrived" dismissal of an OHS representative who raised safety concerns with the workplace regulator.

FWC "misconstrued" approach to general protections cases: Full court

In a significant decision unsettling the FWC's approach to general protections applications, a full Federal Court has ruled that a Commission bench "misconstrued" limitations on the tribunal's powers to first establish whether workers have been dismissed before considering such matters.