Svitzer has failed to convince a FWC full bench that it has an "unfettered" right to choose which category its employees fall into regardless of operating procedures at five ports.
Tugboat operator Svitzer has been ordered to extend a rating's fixed-term contract after the FWC speculated that his senior role at the MUA was the real reason he was the only member of his crew not offered continuing employment.
A finding that the FWC cannot keep dealing with disputes brought under old agreements once a new deal comes into effect has produced "arbitrary, anomalous and nonsensical outcomes" and is wrong, a full bench has held, calling for an amendment to the Fair Work Act to reflect the new precedent.
In a ruling that shines a light on "haphazard" HR practices in Victoria's Health Department at the height of the pandemic, the FWC has rejected claims it did not sack a hotel quarantine worker and lambasted it for meeting production orders with redactions that rendered evidence meaningless.
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.
A National Rugby League referee has failed to make it onto the field to contest his general protections claim, after the FWC ruled that the employer did not dismiss him, but that his "maximum-term" 12-month contract expired.
A five-day hiatus between resigning from a fixed-term position and re-starting the same job on a casual basis did not break the minimum employment period necessary for a worker to challenge her dismissal, the FWC has found.
In a significant development, Queensland's Palaszczuk Government has made permanent thousands of fixed-term employees, after conversion disputes started to bank up in the State Commission.
A teacher has failed to suppress a recent ruling likening his unfair dismissal claim to the interminable case at the centre of Charles Dickens' acerbic Bleak House.