The FWC has accepted an employer's explanation that the "incompetency" of its HR team led it to advertising a redundant position less than two months later and subsequently inviting a former employee to "recommence" his role.
The FWC has reinforced the importance of dismissals being communicated face to face after finding that a worker's claim she never received an emailed termination letter had to be put down to an "unexplained vagary of cyberspace".
In a significant decision unsettling the FWC's approach to general protections applications, a full Federal Court has ruled that a Commission bench "misconstrued" limitations on the tribunal's powers to first establish whether workers have been dismissed before considering such matters.
A labour hire company has failed to win costs against an unrepresented worker who pursued his unfair dismissal claim through four adverse findings in the FWC and Federal Court, a judge ruling that the employer didn't help its cause by declining to provide an interpreter and by filing confusing and irrelevant material.
A casual waitress who filed an unfair sacking claim almost 50 days after her employer sent her a dismissal letter and removed her from JobKeeper does not need an extension as she was unaware of the development, the FWC has held.
An accountant has been awarded $40,000 after a tribunal found she was forced to resign for allegedly spreading rumours that her employer was conducting an office affair.
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The FWC has granted a 55-day extension for a legally blind worker to challenge his sacking over a Facebook exchange after considering its effect on his mental state and his steps to obtain the assistance of disability and law advocates.
Avoiding a need to consider an extension of time, the FWC has decided to waive the requirement for a former John Holland Group employee to strictly comply with lodgement rules after his lawyers sent his application to the wrong email address.
The FWC has over a university's jurisdictional objections allowed a professional officer's largely "incompetent" unlawful dismissal claim to proceed, inviting him to re-submit an application confined to alleged discrimination on the basis of political opinion.