The FWC has rebuked a lawyer for his "dilatory" approach to filing a general protections claim, ultimately granting his client a time extension because of the unusual degree of stress and anxiety he suffered as a consequence of his dismissal.
The FWC has thwarted a manager's unfair dismissal claim by assessing his earnings as $315.02 above the high income threshold, rejecting his arguments that his car allowance, annual leave loading and mobile phone should be excluded from the total.
A Sydney-headquartered technology company was not required to pay redundancy to a former regional marketing manager based in Singapore as he did not perform any work in Australia, a court has found.
A small employer must pay almost $15,000 to a former part-time worker it sacked for rejecting an "inflexible" full-time job proposal the FWC concluded had been designed to "get rid" of her.
The FWC has rejected a multi-pronged attempt by four retrenched dockworkers to establish that they were not genuinely redundant, finding their employer's offer to re-engage them as casuals did not detract from its need to reduce its full-time workforce.
A Sydney-based Canadian paid a regular monthly untaxed figure in US dollars by a Calgary-headquartered company for which he agreed to act as an independent contractor has had his unfair dismissal claim upheld, with the FWC finding he was not genuinely retrenched.
In a case clarifying when employers must make redundancy payments, the Federal Court has rejected claims by Spotless Services Australia Ltd that it was not obliged to pay severance to three Perth International Airport workers due to an exemption for ordinary and customary turnover of labour.
The ailing 86-year-old director of a newspaper publishing company has been ordered to pay $27,500 to a journalist he sacked seven years ago, a day after he refused to withdraw a complaint to the Fair Work Ombudsman over underpayments.
A former GM Holden engineer is suing the company for adverse action, sham contracting and coercion, alleging it reduced her redundancy payout by more than $20,000 when she refused to sign a separation agreement without continuity of service covering her time as a contractor.
The FWC has slashed an HR employee's payout to zero after she "jumped the gun" and sought a reduced redundancy payment, having decided a post-maternity job offer was a demotion.
