In what stands as a tribute to the qualities the FWC looks for in employers' legal representatives, an experienced tribunal member has praised a senior associate for "a masterclass in the art of advocacy" that avoided bamboozling or belittling an unrepresented bus driver.
The FWC has upheld a company's claim that despite its two principals physically assaulting a worker and engaging in angry exchanges with him, it did not sack him.
A Federal Court judge has promised today to rule swiftly on whether Qantas employees stood down due to the coronavirus pandemic can access paid personal (sick) leave, carers' leave and compassionate leave.
An FWC majority finding that an Uber delivery driver could not bring an unfair dismissal claim as she was an independent contractor highlights a need for legislative intervention to recognise that many gig workers are employees, says a leading employment law academic.
A senior manager on a $240,000 annual remuneration package has failed to convince the FWC he is an award-covered employee protected from unfair dismissal.
The FWC has refused to hear the out-of-time unlawful termination case of a teacher allegedly "forced" into taking maternity leave, finding her confusion over the dismissal date, a delay caused by filing the wrong claim and a difficult birth did not amount to exceptional circumstances.
A senior FWC member has cited the ubiquity of "incomplete [or] incorrect" applications received by the tribunal in rejecting a regulatory body's $36,000 costs bid against a former employee who mistakenly claimed discrimination on the basis of s-x.
A worker sacked over performance and conduct issues has failed to establish a connection with his mental disability or that his employer took adverse action on the basis of his bullying complaints.
The FWC has upheld the sacking of a hospital operating theatre cleaner who spent 44% of his working time, excluding breaks, in a tea room, but has scolded the employer for its "faintly ridiculous" arguments against allowing him to "meticuously review" damning CCTV footage.
