Two Esso Australia union delegates have failed to convince the FWC that their summary dismissals for isolating and abusing workers who accepted lower-paying contracts were unfair or in breach of the company's disciplinary policy.
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An administration manager sacked for being a "lying thief" has been awarded compensation of more than $13,000 after the FWC found instead that she had likely been made a scapegoat for a business's alleged attempt to commit insurance fraud.
A major medical practice's former chief executive has had his application for a bullying order against two doctor-directors thrown out by the FWC, which observed that "short of storming the barricades" he had no prospect of ever meeting the threshold requirement of returning to his job.
An FWC unfair dismissal application can be both incomplete and unaccompanied by the required fee as long as it is filed within the statutory 21 days, a senior Commission member has found.
A majority shareholder who "worked very hard" as company secretary of a start-up for more than two years before her board chairman husband informed her she was being removed was not protected from unfair dismissal, the FWC has found.
A senior FWC member has approved an employer's request for legal representation in a dismissal case, but not before requiring hearings be conducted in private, that he be free to provide "appropriate" guidance to the unrepresented former worker, and that he retain the power to revoke permission if the lawyer complicates proceedings.
The FWC has upheld the sacking of a long-serving handyman for serious misconduct that included continually touching a young receptionist, finding it was "understandable" given their age difference that she did not feel able to tell him to stop.
A health care clinic manager has failed to persuade the FWC that her HR-expert husband's representative error and the so-called "reverse synergy effect" resulting from her son’s concurrent unfair dismissal claim explained her application arriving 32 days' late.