A worker directed to take unpaid leave for mental health treatment has had his unfair dismissal claim rejected after falling "marginally" short of the FWC's jurisdictional prerequisite of a minimum six months' continuous service.
The FWC has given the go-ahead for the regional director of a multibillion dollar real estate business to pursue his unfair dismissal claim despite earning well above the income cap, because his duties established he was in fact an award-covered sales representative.
The FWC has extended time for an employee who claimed "force majeure" and an "Act of God" after Cyclone Debbie and representative error delayed lodgement of her unfair dismissal application.
The FWC has refused an employer's application to recoup its costs of defending an unfair dismissal claiming, noting the employer incurred its "unreasonable" $10,000-plus bill because its chose a law firm that provided a "Rolls Royce service".
The FWC has highlighted that an employee with no legal qualifications or background in IR who won an extension of time for her unfair dismissal claim "provided the sole information" to the tribunal about representative error, despite the presence of her advocate at a hearing.
The FWC had found that an unresolved dispute extended a worker's employment beyond the six month qualifying period for protection from unfair dismissal.
A Sydney independent ladies' college did not unlawfully discriminate against a teacher when she "retired" from her job following an "incident", despite claims she suffered a psychological disability that rendered her incapable of agreeing to a confidential settlement with the school.
The FWC has rejected an employer's jurisdictional objections to hearing the dismissal appeal of an employee over the high-income cap who worked on overseas assignments, finding that while he fell outside the enterprise agreement he was covered by the industry award.
