The FWC will in March hear ABC arguments that radio presenter Antoinette Lattouf's claim that the broadcaster unlawfully sacked her over an Instagram post critical of Israel's war in Gaza cannot proceed because of her casual engagement and reliance on the wrong provision of the Fair Work Act.
A FWC presidential member has stayed payment of $10,000 to an unfairly sacked worker after going beyond an employer's appeal grounds to identify potential flaws in calculation of the compensation.
A senior FWC member has questioned whether paid IR agents should be more closely regulated after expressing dismay that a firm had no processes to identify an incorrectly entered date that led to late filing of a worker's unfair dismissal claim.
The FWC has found the sudden illness and death of a worker's UK-based grandmother and immigration concerns warranted a six-day extension to lodge her unfair dismissal application.
The FWC has waved through a former company director's late unfair dismissal claim after accepting evidence that the deadline fell on the same day as her treatment for a heart condition allegedly exacerbated by her ex-husband "vengefully terminating" her employment.
A worker who lodged a general protections claim after the FWC discontinued their unfair dismissal application has not offended the Fair Work Act's anti-double dipping provisions after the onset of a severe mental health condition left them unable to pursue their initial challenge, the tribunal has held.
The FWC has rejected an employer's argument that commissions should not be included in calculating compensation for an account manager found to have been unfairly sacked after refusing to get a COVID-19 jab.
A FWC deputy president has taken aim at a full bench's quashing of one of his decisions, saying it appears members are "expected to essentially run around in a series of ever decreasing circles" when parties change their representation status.
A senior FWC member should have considered a worker's "genuine belief" that he lodged his general protections claim on time, even though he had in fact filed a blank unfair dismissal form, a full bench has held in tackling a novel question about when an application is made.
