A Tiger Airways employee who claims he was sacked partly because of his age and his response to threats from the airline's chief pilot has won an extension of time to lodge a general protections claim because his legal representative wrongly made an unfair dismissal application.
The FWC has found that a combination of three factors, including a "significant" mental illness, justified extending time for an unfair dismissal claim lodged 164 days late by a former Woolworths worker.
The FWC has found a not-for-profit employer unfairly sacked a contracted indigenous cultural heritage officer described as a "very unique peg for an absolutely unique hole" when it failed to adequately discuss alternative roles the umpire conceded were unlikely to exist.
An employer that took away most of a pregnant cashier's rostered shifts after $300 in shortfalls has been ordered to compensate her after the FWC ruled that the resultant 75% reduction in her pay amounted to a repudiation of her employment contract.
An FWC full bench has confirmed that the Australian Government Solicitor can "as a matter of right" represent all federal agencies, including commissions, in the tribunal, without having to seek permission.
The FWC has ruled that a major alpine resort did not dismiss a ski patrol team member who had a "long history" of "discontent" with the workplace when it sent him an email last year notifying him that he wouldn't be re-employed this winter.
While stopping short of categorising a long-time Esso employee who worked overseas as an on-hire worker, an FWC full bench has found that his failure to secure a "substantive" role with the company on return to Australia meant he could not rely on an industry award to protect him from unfair dismissal.
A court has thrown out a labour hire worker's adverse action claim despite rejecting the respondent's argument that it lacked jurisdiction because the truck driver mistakenly identified her employer.
A tribunal member who reinstated a transit officer sacked for spraying a minor with capsicum spray should have given greater weight to his past conduct and the viability of re-establishing an employment relationship, a full bench has found.
The FWC has reinstated a worker after highlighting that her employer might have conducted unlawful covert video surveillance and that its HR department mishandled her dismissal.
