A senior FWC member has declined to step aside from hearing a resuscitated case involving the Commission's own email fail, covert recordings, a threat to kill and an alleged extortion attempt.
The FWC has criticised the lawyers of an unfair dismissal applicant and his former employer for "point scoring" conduct falling foul of professional conduct rules, while rejecting the latter's costs bid and claim it did not sack the worker despite announcing his redundancy.
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.
