The 'same job, same pay' test case ruling handed down by a full bench of the Fair Work Commission suggests the provisions extend beyond their intended scope, according to industry leaders.
Being able to take time off in lieu didn't alleviate the stress caused by a manager's "significant" workload, a commission has ruled in rejecting an employer's psychological injury appeal.
An employer that stopped rostering a casual worker after she lodged a stop-bullying application effectively sacked her, according to the Fair Work Commission, meaning it now has to face her general protections claim.
An employee who "hijacked" a meeting and then resigned in the heat of the moment has lost his unfair dismissal claim, after the Fair Work Commission accepted he engaged in serious misconduct that warranted termination.
After being on restricted duties for nearly seven years, an employee who claimed she might be fit to perform her pre-injury role "at some time in the future" has lost her unfair dismissal claim.
The operational variations between 10 employers weren't "significantly" different enough to warrant blocking a supported bargaining authorisation, a Fair Work Commission full bench has ruled.
A full bench of the Fair Work Commission has issued an order roping 19 employers in to supported bargaining, in the first such authorisation to be made outside of a government-funded sector.
It was fair to summarily dismiss a worker who refused to change behaviour that reflected badly on his employer, even though the termination process was flawed, the Fair Work Commission has accepted.
Failing to provide light duties for six months, in line with doctors' recommendations, was unlawful because it "disregarded" the injured employee's right not to be exposed to workplace hazards, the Federal Circuit Court has ruled.
"Numerous and significant" mitigating factors meant that despite her "brutal public humiliation" of another worker, a long-serving employee has successfully appealed against her proposed dismissal.