A health, safety and environment coordinator has failed to convince the Fair Work Commission that exceptions such as sick leave and inclement weather meant the overtime component of his salary was not "guaranteed" so should not disqualify him from unfair dismissal protection.
The FWC has assessed the value of the private use of an iPad, in determining whether an employee's income exceeded the $133,000 income cap that applied to unfair dismissal claims until yesterday.
A postal worker who engaged in "frightening and foul mouthed outbursts", including telling co-workers he would bring a samurai sword to work to attack colleagues rather than a gun, was unlikely to succeed with his unfair dismissal claim, the FWC has found.
Employer can "effectively represent itself"; It's peculiar: Bench overrules refusal of name change; Employer pays for hitting snooze on investigation; Dating a no-no on employer phone, says FWC; and Hairdresser's evidence doesn't cut it.
A sacked manager has won an extension of time for her late unfair dismissal claim, after the FWC accepted that her lawyer was responsible for lodging it 32 seconds after the 21-day cut-off.
An FWC full bench has rejected a "well-resourced" company's argument that the complexity of an unfair dismissal case required that it be represented by a lawyer.
The Fair Work Commission has given a school religious education coordinator the green light to proceed with his unfair dismissal claim after his employer failed to establish that his employment ceased via the doctrine of frustration.
The FWC has rejected a "things are different on a mining site" defence from a Fortescue Metals Group worker dismissed for holding a piece of broken glass to the throat of a colleague.
A senior FWC member has found that "extraordinary" circumstances justified the tribunal accepting a sacked employee's late unfair dismissal claim, while urging the employer to settle to avoid "further criticism and embarrassment for its conduct" and panning its law firm's role in the case.