In a penalty decision ordering the local arm of a global conglomerate to pay a further $20,000 to a supervisor unlawfully sacked by an HR manager within her probationary period, a court has cited the company's failure to find out more about the contravening conduct and whether it needed to minimise the risk of it reoccurring.
The FWC has rebuffed a security worker's claim that his former employer misrepresented its headcount to deny him protection from unfair dismissal, pointing out that it is not the Commission's job to conduct a "fact-finding" mission into each individual's status.
In a case traversing the thorny issue of recognising prior service when bringing casual labour hire in-house, the FWC has found a worker didn't qualify for unfair dismissal protection because his previous arrangement was not genuine outsourcing.
Glowing Facebook reviews and lengthy text messages describing a "truly awesome" adventure holiday have undone a former director's claims that he was too depressed to file his unfair dismissal application on time.
The FWC has found that a firefighter's dishonesty in concealing a professional ban arising from indecent assaults was sufficient reason for his dismissal, even after rejecting the employer's own reasons as invalid.
A labour hire employee who lost an offer to shift to direct employment with his host employer after IR staff became aware of his dual identity has failed in unfair dismissal claims against both parties, in a ruling in which the FWC also rejected his joint employment arguments.