The FWC has ruled that an employer's once-yearly payments to a worker to reduce his fringe benefits tax liability are not counted as earnings, clearing the way for him to pursue an unfair dismissal claim because his remuneration is below the high-income cap.
A NSW IRC full bench has quashed the rejection of an unvaccinated worker's bid for a one-day extension to challenge her sacking after a commissioner found it would cause prejudice and that she has little prospect of success, based on arguments her employer did not make.
The FWC has extended time by 48 days for a Qantas engineer to challenge his sacking after "particularly egregious" errors by the AWU, telling the union it should take immediate steps to ensure officials are equipped to provide a professional level of representation.
The FWC has reinstituted a CFMMEU official's entry rights after more than five years, accepting that he had put his history of foul-mouthed contraventions behind him since being elected to a leadership role and making "lifestyle" changes to reduce stress.
The FWC has upheld the summary sacking of a "drunk and disorderly" financial advisor who refused to be breath-tested after turning up to work with bloodshot eyes and smelling of alcohol.
The FWC has ordered the reinstatement of a firefighter who shared an image of naked women in a "sickos" Facebook group of current and former colleagues but upheld the sacking of another who posted p-rnography during his shift, in decisions slamming "tick-and-flick" training.
A FWC full bench has rejected a solicitor's challenge to a $36,000 costs order and will report him to the NSW Law Society over his misconduct in accusing another tribunal member of being a "Nazi" and taking bribes.
The FWC has granted an extension of time for a unfair dismissal application sent six days late because the worker's computer was infected with malware.
A worker has won an extension of time due to representative error, after her lawyer tried and failed to make an electronic general protections claim to a court just 10 minutes before the deadline, and only re-filed an acceptable application 16 days late.
The FWC has upheld Sydney Trains' dismissal of a long-serving station manager for breaching its code of conduct when he failed to disclose serious criminal charges, including possession of more than two kilograms of cannabis he claimed to be holding "for a friend".