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Unpursued case ousted after "novel question" explored

A senior FWC member should have considered a worker's "genuine belief" that he lodged his general protections claim on time, even though he had in fact filed a blank unfair dismissal form, a full bench has held in tackling a novel question about when an application is made.

$600K fine for unlicensed labour supplier

A business that knowingly and repeatedly breached labour hire licensing laws has been fined more than $600,000, which is believed to be the highest in Australian labour hire law history.

Wrong line: FWC roasts employer after cocaine sacking

The FWC has reinstated a Sydney Trains worker who used cocaine while on leave, after lambasting the employer for not making it clear that it tests for use rather than impairment and for failing to take on board earlier criticism of its drug and alcohol policy.

RAFFWU pursuing Woolies over COVID-19 shift changes

RAFFWU says it is suing Woolworths on behalf of about 1400 night shift workers allegedly "dragged into meetings" at the height of the pandemic and made to "radically change their work hours from overnight to day or evening work", costing individuals up to $30,000 a year.

Court reserves on anti-sacking case against UWU

A Federal Court judge has today reserved on an application to restrain the UWU from dismissing two organisers who claim it subjected them to adverse action for backing a majority support petition as part of a campaign for a new in-house enterprise agreement, but the union claims their case is "untenable" and should be thrown out.

Pay discount upheld for drinking, smoking teacher

A teacher who smoked and lifted a cask of wine above his head to drink from its tap during a video meeting to discuss online learning during a COVID-19 lockdown has failed to overturn a decision to dock his pay for a year.


Indemnity costs after groundless jurisdictional objection

The FWC has levelled indemnity costs against an employer that claimed to be acting on FWO advice when it objected to a former employee's adverse action case on the basis that her post-ANZAC Day filing pushed it beyond the statutory deadline.

Chest infection a temporary disability: Court

A court has ordered a cafe to pay a teenage worker $7300 compensation, including $6000 for hurt and humiliation, after it took unlawful adverse action because of his temporary disability when it dismissed him for calling in sick due to a chest infection.