In a decision closely examining the FWC's power to award costs, a reinstated worker who was the beneficiary of an earlier ruling has on rehearing failed to persuade the Commission that her employer either unreasonably defended the unfairness of its actions or ignored its poor prospects of success.
Service station owners who required a visa-dependent employee to hand over his tax refund and cover the cost of drive-offs have been ordered to compensate the former console operator and his fellow-worker wife more than $50,000 after a court found them accessorially liable for underpayments.
An EPA worker believed to have contracted Legionnaires' disease by walking past Sydney Town Hall during an outbreak has won reinstatement after establishing that it caused him to suffer major depression that contributed to his poor work performance.
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 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.