The FWC has refused to extend time for an unfair dismissal claim lodged five days late by a pro bono solicitor found to be "primarily responsible" for the delay, ruling that the worker knew the 21-day limit applied and should have followed it up with his representative.
In one of the first extended discussions about the capacity to include incidental matters in modern awards, the FWC has called for further submissions on how or whether to incorporate a standard clause that would permit employers to deduct up to five weeks pay when employees quit without giving sufficient notice.
The FWC has ruled that an organisation's failure to provide notice to a poorly-performing finance manager rendered her dismissal unfair, but has refused to order compensation because she "deliberately deceived" it about her qualifications.
An FWC full bench has ruled that when an employer dismisses a worker, it must give notice of the time when it takes effect, or an "ascertainable" date, finding that an organisation failed to meet statutory obligations when it informed an employee he would be sacked on the completion of dispute processes under its enterprise agreement.
A court has found a husband and wife who performed largely home-based clerical work exclusively for one business before their services were further outsourced were employees rather than contractors because the company had an "undoubted authority to control" the relationship.
As Murdoch University continues to press for termination of its enterprise agreement, its lawyers say an FWC decision upholding the sacking of an employee who used his work email to send abusive messages to the ABS illustrates the deal's outdated provisions.
An Australia Post employee who two decades ago won the support of then shadow IR minister John Howard in postal union elections has failed to win his job back after an FWC full bench rejected his appeal.
A court has made it clear that employers can be obliged to provide reasonable notice beyond requirements in the NES, in an adverse action case triggered by a general manager's sacking for comments about a major client's pregnant wife that "when you have a baby your wife is ripped from asshole to c--t and it never looks the same again".