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.
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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".
In a decision further clarifying when and to what extent lawyers can become involved in FWC cases, the Commission says its rules do not stop parties seeking legal advice in the lead-up to hearings.
An FWC full bench has quashed an interlocutory decision allowing an employer to engage lawyers, finding it incumbent on the tribunal to give a self-represented employee an opportunity to weigh in on the matter.
A worker will have another shot at seeking a 45-day extension to file his general protections claim after an FWC full bench found he was wrongly refused on the basis that he needed a credible explanation for the entire length of the delay.
An FWC member has declined to award costs to a prominent community legal centre's general manager despite finding she had been capriciously ousted by the management committee during a restructure and ordering her reinstatement.
In a decision further clarifying naming protocols for complaint and litigation respondents, a court has ruled that a law firm's individual partners need not be identified in a discrimination case brought by a former employee.
The FWC has refused to extend time for an unfair dismissal claim lodged five days late by a pro bono solicitor found to be "primarily responsible" for the delay, ruling that the worker knew the 21-day limit applied and should have followed it up with his representative.
The FWC has opened the way for an on-hire casual employee to challenge his dismissal, after rejecting a labour hire company's jurisdictional objection that he could have no reasonable expectation of continuing employment, or was engaged for a specified task which came to an end.