A senior FWC member has decided to forge ahead and determine whether a "deactivated" Uber driver is an employee, rejecting a bid to stay his unfair dismissal claim until the Federal Court tackles the question in a case he is pursuing with the Rideshare Driver Network.
A senior FWC member has in awarding costs against a law firm queried its "irreconcilable" explanations for missing filing deadlines in an unfair dismissal case.
The FWC has ordered indemnity costs against a financial advisor held to have pursued a "meritless" unfair dismissal application nine months after resigning and a vexatious appeal because he believed his former employer was backing out of a separation deal.
In a decision stressing the importance of distinguishing between internships, work experience and clerkships at law firms, a FWC senior member has rejected a recent graduate's unfair dismissal claim on the basis he was not an employee.
A worker who says a custody dispute, a family death and high-functioning autism all contributed to his unfair dismissal application being late has won an extension of time to challenge his sacking.
A senior FWC member has declined to recuse herself before throwing out a decade-old unfair dismissal case that was put on ice indefinitely due to the worker's mental illness.
An Uber driver accused of deliberately driving into a customer has won extra time to file an unfair dismissal claim after the FWC accepted suicidal ideation and mental incapacity following his shunting from the platform amounted to exceptional circumstances.
A FWC presidential member has questioned the hoops the tribunal jumps through in deciding whether to grant legal representation, suggesting it is in "danger" of attaching too much importance to a matter's complexity.
A small business that sacked a worker and sent him home less than two hours before he served the 12-month minimum employment period to qualify for unfair dismissal protection has successfully fended off his FWC claim.
