BHP Coal was entitled to dismiss a boilermaker who tried to return to work after a lengthy injury-related absence with "quite insufficient and generic medical information" and then refused to attend a company-organised medical assessment.
Qantas chief executive Alan Joyce says the airline management will push ahead with cutting 5,000 jobs even if the Federal Parliament supports legislation to lift foreign ownership restrictions on the national carrier.
A Fair Work Commissioner was wrong to give the Tax Office permission to be represented by a solicitor but not a barrister, but a full bench has denied the NSW Bar Association leave to appeal against the representation ruling because the ATO admitted it did not adversely affect its case.
The employers of two long-term train drivers who were off work for between 18 months and two years because of health issues were entitled to dismiss them when they were ruled unable to resume driving duties, the Fair Work Commission has found.
In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.
The Fair Work Commission has criticised a major Australian corporation for failing to give enough support to an employee who sought an internal transfer on medical grounds so that he could continue working, despite finding that his dismissal for abusing a manager was not unfair.
The obligation for employers to let employees bring a support person with them to any discussions that could lead to dismissal does not extend to allowing that person to be an advocate, a FWC full bench has confirmed in overturning a ruling by Commissioner John Ryan that an executive director was constructively dismissed.
A full Federal Court has refused to overturn a finding that an employee whose firm was placed in receivership resigned and as such was not entitled to the $273,360 payout he claimed.
The Fair Work Commission has ruled that Subclass 457 visa holders cannot make legally binding employment contracts with employers that are not registered to sponsor them under the Migration Act.
