A digital marketer has been cleared to pursue her adverse action claim after the FWC dismissed an employer's contention that her billed hours exceeded those reasonably expected of a "millennial with quick reflexes".
A decision by NSW Trains to discipline a manager by shaving almost 10% off his annual pay constituted a dismissal even though he remains in the job and such action is allowed by its agreement and governing regulations, the FWC has held.
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.
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.
A defence contractor's people and culture manager "strung out" a worker who sought a review of his redundancy before finally confirming the employer's view was unchanged half an hour after the deadline for filing an unfair dismissal claim, the FWC has found.
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.
A worker engaged by Mondelez on end-to-end short-term contracts over 2.5 years has no right to pursue an unfair dismissal claim against the chocolate and confectionery giant, the FWC has ruled.