Dismissal should be effected "in person"; Highly-paid manager not award-covered; Late claim sent to FWC staffer to proceed: Bench; Claim survives non-compliance with evidence deadline.
A senior FWC member has approved an employer's request for legal representation in a dismissal case, but not before requiring hearings be conducted in private, that he be free to provide "appropriate" guidance to the unrepresented former worker, and that he retain the power to revoke permission if the lawyer complicates proceedings.
A health care clinic manager has failed to persuade the FWC that her HR-expert husband's representative error and the so-called "reverse synergy effect" resulting from her son’s concurrent unfair dismissal claim explained her application arriving 32 days' late.
The FWC has ruled that a public health organisation's $270,000-a-year former CFO is not entitled to pursue an unfair dismissal claim because he is not covered by an agreement.
The FWC has thrown out on natural justice grounds an employer's application for costs against a 75-year-old physiotherapist who died during her unfair dismissal case, having previously indicated she would "vigorously defend" any such bid.
An employer that slashed its general manager's earnings from $180,000 to $120,000 in the five months leading up to his dismissal has argued that he was paid under a "variable wages agreement" that exceeded the high income threshold when averaged over the year.
A labour hire employee who lost an offer to shift to direct employment with his host employer after IR staff became aware of his dual identity has failed in unfair dismissal claims against both parties, in a ruling in which the FWC also rejected his joint employment arguments.
FSU legally represented in banking royal commission; "No end date" comment spurs on-hire dismissal claim; Company's "secret" to closing gender pay gap; Disputes at decade-long low; and surprising lift in US private sector union membership.
The Fair Work Commission has sought to better delineate the law around so-called constructive dismissals, in a case in which it lambasted a multinational company's HR department for overseeing a process it likened to "entrapment".
