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Lawyer's workload, pre-dawn starts no excuse for late filing: FWC

The FWC has rebuked a lawyer for his "dilatory" approach to filing a general protections claim, ultimately granting his client a time extension because of the unusual degree of stress and anxiety he suffered as a consequence of his dismissal.

Fine calculations put dismissed manager $315 over income threshold

The FWC has thwarted a manager's unfair dismissal claim by assessing his earnings as $315.02 above the high income threshold, rejecting his arguments that his car allowance, annual leave loading and mobile phone should be excluded from the total.


Unintentional, but irregular worker was an employee: FWC

In the latest ruling on the distinction between independent contractors and employees, the FWC has found that a graphic designer whose hours for related small employers were "negotiated" on a weekly or fortnightly basis over almost three years was capable of being dismissed.

Member's reasoning on uni sacking "self-evidently flawed": Bench

An FWC member was "clearly wrong" in concluding a university maintenance worker's threatening behaviour that included driving dangerously on campus fell short of that relied upon by his employer for dismissal, a full bench declared in overturning her finding of harshness.



Have a heart, says full bench

An FWC full bench has upbraided a member for "inviting" an employer to seek to strike out an unfair dismissal claim after the employee failed to follow directions, holding that he didn't meet deadlines due to his baby son's medical condition, which required heart surgery.

Medical director not a danger to public: Tribunal

A tribunal has ordered a health service to reinstate the chair of its credentialing committee dismissed for his role in appointing to an obstetrics job a recovering alcoholic suspected of falling off the wagon at work, rejecting as "absolute codswallop" its claim that the chair now poses a danger to the public.

Elder's ties to land favour reinstatement: FWC

An Aboriginal night patrol officer sacked for timesheet discrepancies has won back his council role after an FWC member took into account "very strong" ties to his remote community and the dearth of alternative employment opportunities.