In a decision delving deeply into the statutory definition of bullying, a senior FWC member has observed that allowances should be made for "some degree of exasperation or tension" between managers and those they supervise.
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.
An employer seeking to be covered by an existing agreement could potentially "operate in a better way" if a clause granting five days leave in return for working on three public holidays is removed, but the FWC has found the change would deny employees the chance to use the entitlement as a bargaining chip.
A FIFO chef's one-day-late adverse action application can proceed after the FWC accepted that he did not realise he filed 12 blank pages in support of his claim.
A former One Nation and LNP Queensland MP is an officeholder in a "Pro Choice Union" applying for registration federally and in Queensland after leading a campaign to avoid COVID-19 vaccinations, with the FWC providing 35 days to lodge objections and the QIRC closing them off tomorrow.
The FWC has found an IR consultant's failure to check his emails after business hours on a Friday or the following Monday wholly to blame for a day-late unfair dismissal claim, extending time for his client to argue it unfairly retrenched her after she converted to casual employment.
An intellectual property firm fumbled an employee's summary dismissal when it switched from highlighting his deficient performance and conduct to "dishonesty" over time spent browsing the internet "for items of personal interest", the FWC has found.
