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Representative error not automatic reason to extend time: FWC

A Fair Work Commission full bench has ruled that representative error does not provide an "inviolable reason" for granting an extension of time for an unfair dismissal claim due to exceptional circumstances.


Transfer to vulnerable position before redundancy not adverse action

Making a project manager redundant after granting his request to be transferred to a less secure position did not constitute adverse action as the new role was better for his mental health and the employer's decision was based on his competence, qualifications, tenure and a business downturn, a court has found.

Christmas party misconduct justified sacking: FWC

The FWC has upheld the dismissal of an employee who harangued a colleague before pushing him fully clothed into a swimming pool during the company's Christmas party.

Bench upholds sacking for racist comments

Prior employee misconduct that did not result in dismissal but demonstrates a "pattern of unacceptable behaviour" must be considered when determining unfair dismissal cases, a Fair Work Commission full bench has ruled.

Bid to save "small rainforest" derails labour hire agreement

An FWC presidential member has expressed "wonder" at having to reject an agreement for a major labour hire company that turned the simple process of providing employees with a bargaining representation notice into a "debacle".

Bench rejects ResMed bid to block AMWU

In the latest stage of the AMWU's long battle to organise workers at high-tech manufacturer ResMed, an FWC full bench has consented to the union changing its rules to extend coverage to non-management employees at the company's Sydney headquarters.

FWC upholds ATO's sacking of manager who failed to lodge tax returns

The ATO's sacking of a debt collection manager with almost 30-years' service has been upheld by the FWC after it found her failure to lodge personal tax returns over four consecutive years amounted to serious misconduct that warranted dismissal.

Defecating courier unfairly dumped by employer: FWC

An employer had a valid reason to sack a long-serving courier who had "no choice" but to defecate in a client's carpark while on the job, but his dismissal without notice was unfair, the Fair Work Commission has found.