The FWC has found employers are not obliged to keep workers on the payroll because of JobKeeper's availability, but has awarded a manager compensation for unfair dismissal that included 24 weeks of the job subsidy, because retaining him would have been "entirely consistent" with the scheme's objectives.
In holding that Qantas need not include prior service with related entities or casual employment when calculating flight attendants' redundancy entitlements, a senior FWC member has accused the FAAA of "cherry picking" to try to prove otherwise.
An FWC bench led by President Iain Ross "made no attempt" to analyse how model and agreement redundancy terms would operate in conjunction when assessing whether 21 seafarers had been fairly dismissed, a full Federal Court has found.
The FWC has declined to hear an NRL assistant coach's late claim that his club unfairly dismissed him during the season's temporary suspension due to COVID-19, but has conceded that he might reasonably feel "particularly aggrieved" about his selection for redundancy.
IR Minister Christian Porter has confirmed he will not intervene in an ASX-listed company's bid to restructure in a way that relies on the Fair Entitlements Guarantee scheme to pay redundancy entitlements, saying many more will lose jobs without it.
In a decision underlining the perils faced by workers who are not covered by awards or enterprise agreements, the FWC has found an employer had no statutory obligation to consult an employee about its plans to make him redundant.
The High Court will next month hear two special leave applications challenging findings that, in considering ordinary turnover of labour, employees' reasonable expectation of continuing work helps determine their entitlement to redundancy pay.