A court has refused to grant a self-represented on-hire worker a second extension of time to pursue his "confusing" adverse action case, finding too many gaps in his explanation for a 10-week delay during which he badgered the FWC to arbitrate the matter and travelled overseas.
In a significant decision for Australian companies hiring workers overseas, the FWC has allowed an Argentina-based chief operating officer's adverse action case to proceed after finding the employment contract was formed when an email accepting the job offer was opened in Sydney.
An "openly gay" head chef sacked for allegedly molesting female co-workers has won $16,000 compensation, after the FWC found it "more than coincidental" that his employer decided that s-xual harassment provided a valid reason for summary dismissal before it emailed employees a survey full of loaded questions.
The FWC will consider the late unfair dismissal claim of a worker who believes his employer sacked him for alleged sexual harassment, after receiving evidence that five law firms rejected his case on one day alone.
The FWC has held that a $1200 professional association membership is a not a non-monetary benefit that counts towards the high-income threshold for unfair dismissal claims.
The FWC has thrown out a cafe's argument that a worker who performed a single paid "trial shift" had not yet been engaged and could not bring a general protections case against it.
An overseas worker allegedly sacked after objecting to his employer placing an activity tracking app on his PC has failed to have his late general protections application accepted.
A charity did not "intend" to sack a casual carer seeking to resume shifts after recovering from a back injury, but its dithering and poor communications nevertheless "had that effect", the FWC has found.
In a significant decision on what constitutes a valid application, the FWC has allowed a general protections claim to proceed despite the worker submitting a blank form.
The FWC has extended time for a worker to lodge an adverse action case after he mistakenly filed an unfair dismissal claim, finding his refusal to sign his employer's letter terminating his employment did not excuse its subsequent failure to provide written confirmation.
