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FWC issues warning to performance-managed workers

In rejecting the unfair dismissal claim of a childcare worker who said she resigned because of bullying, a senior FWC member has observed it is "unfortunately easy" to respond to performance management with counter-allegations.

Hitler parody worker wins $201K compensation, loses promotion

While ordering BP to pay more than $200,000 compensation to a reinstated worker who made a Hitler parody video of its protracted bargaining with oil refinery workers, an FWC full bench has allowed it to reduce his bonus and revoke a promotion.


Reinstatement after racist message due to "inexplicable" HR failings

The Reserve Bank must reinstate a senior network engineer who accidentally posted to a WhatsApp workplace group a racist message meant for his wife, the FWC finding its procedural failings despite HR expertise to be "simply inexplicable".

Wife's sacking ultimatum not a genuine retrenchment

A business operator forced to choose between retaining an employee or maintaining his relationship with his wife must pay six months lost remuneration after failing to convince the FWC that dismissing his national sales manager was a case of genuine redundancy.

Profanities and "bloodshed everywhere" warning justified sacking

The FWC has upheld the sacking of a truck salesperson whose loud swearing was overheard by customers while already on a final warning for saying there would be "bloodshed everywhere" if his employer did not resolve his issues.

Employer's direction to 70-year-old childcare worker "callous": FWC

A 70-year-old childcare worker has been reinstated after a finding that she was forced to resign in the face of her the employer's "callous" direction to relocate to a distant workplace and accept a role change that involved changing nappies.

Mental illness should have led judge to consider litigation guardian: Bench

A teacher claiming bullying "on a shocking scale" can proceed with his adverse action case after a full Federal Court found the lower court judge who dismissed the matter over mental health concerns failed to properly consider whether to appoint a litigation guardian.

FWC rejects claim sacked manager in pursuit of sore horse

Rejecting an employer's extraordinary claim that a farm manager resigned "out of spite" so she could use her FWC challenge to blackmail it into giving her a horse, the tribunal has held it unfairly dismissed her by forcing her out.