The FWC has refused to hear the out-of-time unlawful termination case of a teacher allegedly "forced" into taking maternity leave, finding her confusion over the dismissal date, a delay caused by filing the wrong claim and a difficult birth did not amount to exceptional circumstances.
A senior FWC member has cited the ubiquity of "incomplete [or] incorrect" applications received by the tribunal in rejecting a regulatory body's $36,000 costs bid against a former employee who mistakenly claimed discrimination on the basis of s-x.
A worker sacked over performance and conduct issues has failed to establish a connection with his mental disability or that his employer took adverse action on the basis of his bullying complaints.
The FWC has upheld the sacking of a hospital operating theatre cleaner who spent 44% of his working time, excluding breaks, in a tea room, but has scolded the employer for its "faintly ridiculous" arguments against allowing him to "meticuously review" damning CCTV footage.
A Jehovah's Witness's ineptitude and expectation he should be treated "deferentially" at work, rather than any religious discrimination, resulted in his dismissal from a labouring job after seven weeks, a court has found.
The law firm behind a multi-million-dollar class action against labour hire provider One Key Resources and One Key Holdings says it will test the ability of vulnerable workers legislation to hold parent companies to account.
A major gas supplier has been ordered to reinstate a left-handed worker whose primary duties involved lifting five-kilogram cylinders, after basing his dismissal on an assessment that right shoulder and neck pain meant he could lift no more than 20kgs.
A tribunal has upheld the dismissal of a marijuana-smoking prison officer, while noting the potential for "mischief" in the suggestion that her proclivity could produce an unconscious bias in assessing inmates.
The FWC, in contrasting redundancy decisions delivered on the same day, has agreed to slash the payment a small, pandemic-affected business must make to a worker, but has rejected another employer's bid to do the same for three of its former employees.
