In a case clarifying when an employee can claim they signed a deed of release under 'duress', the FWC has thrown out a director's unfair dismissal matter after finding he had ample opportunity to test his assumption that he would not be paid his entitlements if he did not put pen to paper.
The FWC has found that it "reflects poorly indeed" on a printing company if it did not investigate sexual harassment complaints an unfairly dismissed female employee made to HR, while it has also referred the employer's "contemptuous" failure to comply with an order to attend the Commission to the tribunal's general manager for further action.
An Orica labour supplier's redundancy method, in which it surprised a full-time employee during downsizing by handing him a letter confirming the "successful completion" of his role, has rendered the dismissal unfair.
The FWC has upheld the sacking of a financial controller who paid herself for extra working time despite her engagement on an annualised salary that included reasonable additional hours.
The FWC has held that although the cut-off date for a worker's unfair dismissal application fell on a NSW public holiday, when the tribunal's registries were open in other states, he did not need an extension to file it the next day.
The FWC has upheld Victoria Police's sacking of an OHS practitioner who, on receiving a proposed final warning, "let fly" against claims that she made unwanted advances towards a colleague and defied a direction not to contact her about it.
An FWC full bench has upheld a dismissal payout to a manager who falsified a medical certificate in order to attend a job interview, while rejecting a bid by the employer to recalculate the figure that would ultimately have seen her receiving $5000 more.
The FWC has reinstated a rail worker sacked for coming to work the day after he smoked his first joint in 30 years and has taken Sydney Trains to task over its purported zero tolerance for drugs.
The FWC on re-hearing a Chinese airline employee's unfair dismissal case has rejected claims that his supervisor persecuted him because of his homos-xuality, instead finding his blatant dishonesty to be a further valid reason for his sacking.
The former chief executive of live animal exporter Wellard is suing the ASX-listed company for more than $700,000 plus damages and seeking reinstatement as a director as part of an adverse action claim alleging it unlawfully dumped him.
