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Slow FWC payment system blamed for late lodgement

The FWC has accepted an unlawful dismissal claimant's contention that the tribunal's "slow processing" of her $73.20 filing fee explained a two-minute delay in online lodgement.

"Assumptions" undermine deed duress claim

In a case clarifying when an employee can claim they signed a deed of release under 'duress', the FWC has thrown out a director's unfair dismissal matter after finding he had ample opportunity to test his assumption that he would not be paid his entitlements if he did not put pen to paper.

"Contemptuous" company should have involved HR: FWC

The FWC has found that it "reflects poorly indeed" on a printing company if it did not investigate sexual harassment complaints an unfairly dismissed female employee made to HR, while it has also referred the employer's "contemptuous" failure to comply with an order to attend the Commission to the tribunal's general manager for further action.

Large employer could have done better: FWC

An Orica labour supplier's redundancy method, in which it surprised a full-time employee during downsizing by handing him a letter confirming the "successful completion" of his role, has rendered the dismissal unfair.

Finance manager's extra payments justified sacking: FWC

The FWC has upheld the sacking of a financial controller who paid herself for extra working time despite her engagement on an annualised salary that included reasonable additional hours.

Case filed on Labour Day public holiday within time: FWC

The FWC has held that although the cut-off date for a worker's unfair dismissal application fell on a NSW public holiday, when the tribunal's registries were open in other states, he did not need an extension to file it the next day.

Make warnings more specific, FWC tells employer

The FWC has upheld Victoria Police's sacking of an OHS practitioner who, on receiving a proposed final warning, "let fly" against claims that she made unwanted advances towards a colleague and defied a direction not to contact her about it.

Employer's failed appeal denies worker extra $5000

An FWC full bench has upheld a dismissal payout to a manager who falsified a medical certificate in order to attend a job interview, while rejecting a bid by the employer to recalculate the figure that would ultimately have seen her receiving $5000 more.

One-off pot smoker's sacking went off the rails: FWC

The FWC has reinstated a rail worker sacked for coming to work the day after he smoked his first joint in 30 years and has taken Sydney Trains to task over its purported zero tolerance for drugs.

Sacked airline employee not persecuted over s-xuality: FWC

The FWC on re-hearing a Chinese airline employee's unfair dismissal case has rejected claims that his supervisor persecuted him because of his homos-xuality, instead finding his blatant dishonesty to be a further valid reason for his sacking.