The FWC has lamented the "failings" of an IR advisory business that wrongly told an on-hire worker to bring his general protections claim against his host employer.
BHP Minerals has failed to establish that almost $20,000 in education assistance it paid to a mining engineer pushed him above the high income threshold for unfair dismissal protection, after it chose not to exercise its right to recoup the payments.
The FWC has refused to extend time for a worker sacked after he took unapproved leave to visit a sick relative overseas and filed his unfair dismissal application 15 days late.
The FWC has found that the Victorian lawyers for an ACT worker who lived in NSW made her unfair dismissal in time, after they delayed her application by three days because of public holidays and a weekend.
Removing a gender-transitioning barista from a WhatsApp group roster system following a suicide attempt constituted dismissal, the FWC has held, clearing the way for her to pursue an adverse action case against her former employer.
A senior FWC member must reconsider an employer's jurisdictional objections to an unfair dismissal application in the correct sequence after a full bench found she leapfrogged several steps the first time around.
Purported cultural differences did not excuse a restaurant manager's behaviour in shoving a young employee off balance and chiding that he'd "kill" him if he didn't stop "stressing" his co-manager wife, the FWC has found.
The FWC has accepted that a senior software developer's unfair dismissal application was filed one minute late because of the "high risk" last-day strategy of a union lawyer laid low by nicotine withdrawal.
A senior FWC member has declined to recuse himself from hearing a primary school teacher's unfair dismissal case after rejecting the suggestion that the Education Department's lawyer, formerly an intern at a regulatory body he briefly headed up, had been chosen "to achieve the evil purpose of influencing" his deliberations.
