A NSW IRC full bench has quashed the rejection of an unvaccinated worker's bid for a one-day extension to challenge her sacking after a commissioner found it would cause prejudice and that she has little prospect of success, based on arguments her employer did not make.
The FWC has extended time by 48 days for a Qantas engineer to challenge his sacking after "particularly egregious" errors by the AWU, telling the union it should take immediate steps to ensure officials are equipped to provide a professional level of representation.
The FWC has refused to throw out an allegedly out-of-time adverse action case, ruling a FIFO worker only learned he had been sacked when told he had been left off the list of passengers due to board a plane to the worksite.
The FWC has upheld the summary sacking of a "drunk and disorderly" financial advisor who refused to be breath-tested after turning up to work with bloodshot eyes and smelling of alcohol.
The FWC has ordered the reinstatement of a firefighter who shared an image of naked women in a "sickos" Facebook group of current and former colleagues but upheld the sacking of another who posted p-rnography during his shift, in decisions slamming "tick-and-flick" training.
A FWC full bench has rejected a solicitor's challenge to a $36,000 costs order and will report him to the NSW Law Society over his misconduct in accusing another tribunal member of being a "Nazi" and taking bribes.
An employer took adverse action against two union delegates when it retrenched them four hours before the deadline for voluntary redundancies, a court has found.
In ordering a witness to attend a hearing in person, a NSW IRC member has highlighted "real pitfalls when evidence is not given in person" and emphasised that despite the widespread acceptance of virtual appearances at the height of COVID-19, there is no "presumption in favour of granting an order that evidence be given by [audio-visual link]".
The FWC has granted an extension of time for a unfair dismissal application sent six days late because the worker's computer was infected with malware.
A worker has won an extension of time due to representative error, after her lawyer tried and failed to make an electronic general protections claim to a court just 10 minutes before the deadline, and only re-filed an acceptable application 16 days late.