The implications of today's High Court decisions affirming the primacy of contractual terms in determining employment relationships are "extremely concerning, perhaps even frightening" for those concerned about the integrity of the IR system, an academic says.
In a significant ruling on dismissals deemed harsh by the FWC, a full bench has endorsed the "unorthodox" approach taken by a member who ordered the reinstatement of a forklift driver who breached an employer's "no mobile phones" policy.
For the second time in a month a FWC full bench has turned its mind to the fundamental question of the point at which a worker has been dismissed, overturning a decision that did not properly consider a disputed contract.
The AAT has accused the Attorney-General's Department of "studied ambiguity" in finding it mistakenly denied a worker up to $23,600 under the FEG scheme because his insolvent employer neglected to contribute to an industry entitlements fund.
An appeal court has upheld a finding that when a drunken barrister said "suck my d-ck" to a female clerk at a late-night function, it fell short of professional misconduct that warranted penalties or counselling.
Employsure has revealed that the ACCC rejected a $3.3 million offer to settle its false advertising prosecution that led to the Federal Court awarding the IR advisor costs of almost $900,000 but then hitting it with a $1 million penalty.
The FWC has declined to extend time for an unvaccinated worker who claimed he lodged his claim late because of the theft of 45 one-kilogram silver bars from his home, while it has upheld a nursing home's sacking of a maintenance manager who failed to comply with a State Government inoculation mandate.
