Noni B has hit back at claims it unlawfully failed to provide notice and accrued leave entitlements when it retrospectively sacked the general manager of Rockmans, accusing him of misconduct, cover-ups and refusing to undergo testing for COVID-19.
An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.
The FWC has upheld the dismissal of a council worker on a "destructive path", following a day that started with him refusing to wear safety boots and ended with him almost hitting a team leader with his truck and harassing a HR manager.
The FWC has accepted an employer's explanation that the "incompetency" of its HR team led it to advertising a redundant position less than two months later and subsequently inviting a former employee to "recommence" his role.
The FWC has rejected an on-hire warehouse worker's unfair dismissal case after weighing evidence that he hectored his supervisors so much about returning after an accident that he was put on client Coles' "do not hire" list.
The FWC has reinforced the importance of dismissals being communicated face to face after finding that a worker's claim she never received an emailed termination letter had to be put down to an "unexplained vagary of cyberspace".
An ASX-listed investment house that summarily dismissed an executive director without explanation must pay $1.1 million in damages, after the absence of a signed contract left a court to assess her implied bonus and notice terms.
An employer and director have been hit with near-maximum fines totalling $60,000 in recognition of the seriousness of the "contrived" dismissal of an OHS representative who raised safety concerns with the workplace regulator.
In a significant decision unsettling the FWC's approach to general protections applications, a full Federal Court has ruled that a Commission bench "misconstrued" limitations on the tribunal's powers to first establish whether workers have been dismissed before considering such matters.