In a decision clarifying the degree to which workers can rely on their state of mind to justify late applications, the FWC has granted an extension to a cleaner "incapacitated" by stress after making serious allegations about her former colleagues.
An FWC full bench has thrown out a $40,000 compensation order made against an employer found to have unfairly dismissed a worker, ruling that a senior member erred in failing to categorise it as a small business.
The FWC has upheld a global mining service provider's sacking of an OHS advisor who flouted vehicle journey safety policies and "fell well short" of his employer's expectations.
The FWC has declined to reinstate a worker found to have been unfairly sacked for refusing to participate in fingerprint scanning, partly because he wanted to "continue to agitate" his concerns about the issue, while it has also warned him against any further "contemptuous" and "rude" conduct towards tribunal members.
A Canadian company must pay party-party costs after failing to seek advice from Australian employment law experts in contesting a former Sydney-based project manager's unfair dismissal claim, its chief executive instead rejecting a settlement offer as "parasitic and disgusting".
A TAFE must reinstate a teacher it sacked after he named a prominent local farmer in a lecture about the effects of chemical sprays, the FWC finding that relating a "factual" 20-year-old anecdote did not amount to misconduct.
Qantas has failed to establish that unions should be treated as different "species" when considering extensions of time due to representative error, following a recent FWC full bench finding that there is "there is nothing usual or normal about negligence on the part of a solicitor".
The FWC has refused to grant a 1383-day extension to a casual Coles employee who was notified of his dismissal almost two years after working his last shift in 2014 but failed to contest it in time because he "put his head in the sand".
The FWC has speculated that the ACCC might have grounds to look into the practices of employment advisor Unfair Dismissals Direct after appraising its role in a late unfair dismissal application accepted out of time.
