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.
The FWC has found that a worker sacked by the Ubuntu Church for obtaining a COVID-19 vaccination is an employee, clearing the way for her to pursue an unfair dismissal claim.
A lawyer's failure to act with the "level of diligence and expertise required of a competent practitioner" caused a four-day delay in filing his client's unfair dismissal claim rather than the attack of gastroenteritis that ran through his family, the FWC has held.
The FWC has granted a worker an extension of time after its server "quarantined" his unfair dismissal claim email because of a "dangerous" attachment, but the Commission says that the issue will soon be remedied when it requires lodgement via an online form.
A court has tossed out a former accountant's novel claim that Bunnings' decision to dismiss him after discovering he had s-xually harassed a supervisor at a different job more than a decade earlier amounted to discrimination on the basis of "social origin".
The FWC has found in the absence of a written contract that a sex worker was an independent contractor rather than a casual employee before being dismissed in June for “unacceptable and threatening behaviour".
A FWC member wrongly concluded that he lacked the power to hear the case of a university employee sacked for refusing to comply with COVID-19 vaccination directions, a full bench has found.
The FWC has declined to hear the unfair sacking case of a vaccinated worker who passed up "at least" eight chances to confirm her inoculation status before her employer dismissed then reinstated her within 48 hours.
