A Fair Work Commission full bench majority has found that an employee of The Body Shop did not breach her employment contract by working as an independent contractor for another retailer, and was unfairly dismissed when she refused to terminate the engagement.
In what four judges agree is an "extraordinary case" involving a "spectacularly bad witness" and a "serial fraudster", a Swan Hill shop assistant will keep almost half a million dollars in back pay and interest after a full Federal Court confirmed that she had not agreed to work for nothing.
BHP Coal was entitled to direct a boilermaker to attend an appointment with a company-nominated physician to determine whether he was fit to return to work, and to then terminate his employment when he refused to go, a Fair Work Commission full bench has ruled.
Toyota's best chance of overturning last year's ruling that stopped its employees voting on the company's proposed changes to its Altona enterprise agreement appear to rest with its argument that the "no extra claims" clause in the deal is directly inconsistent with the Fair Work Act, after other appeal grounds fell away in argument before the full Federal Court yesterday.
There is "no substance" to the claims of inconsistent FWC decision-making that have underpinned calls for an independent appeal mechanism, according to the tribunal's president, Justice Iain Ross.
The Federal Court has rejected mining giant Rio Tinto's bid to have a CFMEU adverse action claim struck out, holding the Fair Work Act does not authorise "discriminatory" payments.
The NSW Government has had a victory in its long-running battle to include compulsory superannuation increases within the public sector 2.5% wage cap, after the State's Court of Appeal quashed last year's IRC ruling that the wages cap only applied to Commission-awarded increases.
A Fair Work Commission full bench has ruled that it was not unreasonable for a global industrial software company to retrench an Australian technical project manager with one day's notice instead of redeploying him to an overseas position, overturning a deputy president's decision that his dismissal was unfair.
A NSW public servant who admitted touching the breasts of five women during a 2012 Christmas party has won his job back after the NSW IRC found he was treated more harshly than a senior manager who was only demoted.
A Fair Work Commission full bench has clarified the circumstances in which the tribunal can use its own-motion powers to impose restrictions on unions that have abused their entry rights.
