The FWC will in March hear ABC arguments that radio presenter Antoinette Lattouf's claim that the broadcaster unlawfully sacked her over an Instagram post critical of Israel's war in Gaza cannot proceed because of her casual engagement and reliance on the wrong provision of the Fair Work Act.
A senior FWC member has questioned whether paid IR agents should be more closely regulated after expressing dismay that a firm had no processes to identify an incorrectly entered date that led to late filing of a worker's unfair dismissal claim.
The FWC has found the sudden illness and death of a worker's UK-based grandmother and immigration concerns warranted a six-day extension to lodge her unfair dismissal application.
The FWC has waved through a former company director's late unfair dismissal claim after accepting evidence that the deadline fell on the same day as her treatment for a heart condition allegedly exacerbated by her ex-husband "vengefully terminating" her employment.
A worker who lodged a general protections claim after the FWC discontinued their unfair dismissal application has not offended the Fair Work Act's anti-double dipping provisions after the onset of a severe mental health condition left them unable to pursue their initial challenge, the tribunal has held.
A senior FWC member should have considered a worker's "genuine belief" that he lodged his general protections claim on time, even though he had in fact filed a blank unfair dismissal form, a full bench has held in tackling a novel question about when an application is made.
The FWC has levelled indemnity costs against an employer that claimed to be acting on FWO advice when it objected to a former employee's adverse action case on the basis that her post-ANZAC Day filing pushed it beyond the statutory deadline.
A FIFO chef's one-day-late adverse action application can proceed after the FWC accepted that he did not realise he filed 12 blank pages in support of his claim.
The FWC has found an IR consultant's failure to check his emails after business hours on a Friday or the following Monday wholly to blame for a day-late unfair dismissal claim, extending time for his client to argue it unfairly retrenched her after she converted to casual employment.
A victim of "appalling" domestic violence did not need to provide independent medical advice to explain why she filed an unfair dismissal application almost four months late, the FWC has found.
