FWC Deputy President Gerard Boyce has again run afoul of a tribunal bench, which has reminded him that conduct months after a dismissal cannot be considered when deciding whether an employer has a valid reason.
A manager unfairly accused of being a "malingerer" has had his near-$900,000 unlawful sacking payout slashed on appeal, a judge finding the original ruling contained enough errors to reduce the figure but stopping short of ordering a retrial.
A senior tribunal member has expressed exasperation over legislators' continued failure to address shortcomings in the Fair Entitlements Guarantee scheme after being forced to hand down an "unfair and unjust" decision denying two workers almost $70,000 in redundancy entitlements due to a liquidator's actions.
The CEPU's communication division has warned members that Telstra wants separate enterprise agreements covering new entities being created through a corporate restructure, arguing it is "critical" that existing pay and conditions are preserved.
A presidential FWC member has clarified the circumstances under which an employee can be said to have resigned, finding that a casual pool cleaner's repeated statement of intent did not qualify.
Replies are due in the FWC by next Wednesday to union and employer submissions on how awards should define casual employment, if they should set out how casual loading compensates for specific entitlements and whether a model conversion clause measures up.
The FWC has refused to permit the Commonwealth Bank to bring in external lawyers to help it defend an unrepresented worker's unfair dismissal claim, despite the bank claiming its team of eight in-house employment solicitors are either unavailable or lacking recent experience.
A call centre worker required to interact overnight with Westpac customers via its social media accounts has failed to convince the FWC his new duties should have bumped him up to a higher classification.
Victoria Police has lost its bid to sack an officer for "disgraceful conduct" in allegedly exposing himself to a day spa therapist while getting his groin waxed, the State's Court of Appeal this month holding its review board rightly set the dismissal decision aside.