Fair Work Commission and predecessors page 92 of 202

2016 articles are classified in All Articles > Institutions, tribunals, courts > Fair Work Commission and predecessors


Director counted-in as dismissal case waved through

The FWC has allowed a worker to proceed with her unfair dismissal case after it found that counting the employer's director and company secretary lifted numbers above the 15-employee threshold that excludes small businesses.

Stand-down burden fell unfairly on single team member

In a decision reinforcing the need for pandemic-affected employers to spread the burden fairly, the FWC has found that a multi-billion-dollar business should have reduced hours across a head office team instead of standing down one of its members for an indefinite period.

Senior tribunal member rejects ex-lawyer's "blatant bias" claim

A senior FWC member has declined to recuse himself from hearing an unfair dismissal case brought by a disbarred lawyer who accused him of "blatant bias" and having a "sweet little racket" bullying unrepresented workers.

FWC upholds sacking of traumatised whistleblower

The FWC has upheld Essential Energy's dismissal of a whistleblowing risk manager deemed unable to perform her job's inherent requirements after suffering PTSD and taking extended leave following a finding that she breached its code of conduct.

Cup day dismissal not on the nose

Procedural flaws in a worker's summary dismissal on Melbourne Cup day did not outweigh the seriousness of having invited the theft of a company vehicle by leaving the keys in the ignition, the FWC has found.

Sacked public servant "misled" by government website

An FWC presidential member has taken a swipe at a "misleading" state government website for wrongly convincing a public servant that the federal tribunal was the right forum in which to contest her dismissal.


"Admonished" for wearing fast-fashion shoes, sacked lawyer claims

The FWC has agreed to hear a senior public sector lawyer's claims he was denied pay rises after being "admonished" for wearing Zara brand shoes, despite a court finding his employer conducted two procedurally fair investigations before sacking him for misconduct.

FWC applies brake to university redundancies

The FWC has stopped Deakin University from moving ahead with hundreds of redundancies until the resolution of a dispute over whether it must consult at an institution-wide level with the NTEU before reaching a final decision.

No "presumption" penalty rate cut tied to minimum wage: Bench

The SDA has failed to head off a double whammy for retail workers whose Sunday penalty rates fall this week despite a delay to minimum wage increases, after an FWC full bench found there was no presumption they should be aligned.