A senior FWC member has cautioned companies against sending dismissal decisions "up the line" without revealing the final signatory's name, observing such opacity could influence whether the process is found to be fair.
The Federal Court has upheld a lawyer's dismissal after he strongly criticised clients of his firm in a newspaper opinion piece, the judge finding his contract "expressly" stipulated both parties could terminate the relationship without cause on three months' notice.
The FWC has upheld the dismissal of a BP technician who created and shared a Hitler parody video of the company's protracted bargaining with oil refinery workers, finding he depicted senior managers as Nazis and referenced details known only to those involved.
The self-described former general manager of a "car solutions" company has been given another opportunity to pursue an adverse action claim after the Federal Court found a lower court judge denied him a procedurally fair hearing while also ordering he pay unsought legal costs.
The FWC has upheld the sacking of a sales assistant for serious misconduct that included s-xual harassment and threatening colleagues, while conceding the employer could have done a better job of responding to emerging signs of changes in his behaviour.
The Federal Circuit Court has today ordered representative rugby union player Israel Folau to enter into mediation with Rugby Australia and the NSW Waratahs before his unlawful dismissal claim goes to trial on February 4 next year.
The addition of 'human resources' to an acting health and safety advisor's job title has helped persuade the FWC that a council can rely on its own employees rather than external legal representation to defend an unfair dismissal case.