A NSW ministerial speechwriter who lost her post over a "personality clash" cannot challenge the dismissal in the state's industrial tribunal, after it ruled she was a labour hire employee.
A worker dismissed two days before flying overseas only to discover on arrival that her mother was dying of cancer has had her late unfair dismissal application accepted, the FWC finding it would have been "shockingly callous" to require detailed medical records sought by her former employer.
An FWC full bench has allowed a casual worker to claim unfair dismissal after finding a senior tribunal member wrongly focussed on her irregular "pattern" of days and hours in holding she had not met the minimum employment period.
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.
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.
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.
The FWC has described as "a matter of regret" its rejection of a long-serving worker's unfair dismissal claim because she named the wrong entity in her application.
A casual Coles employee who worked his last shift in 2014 due to injury has been given the all-clear to pursue a general protections claim after an FWC full bench found he lodged his application within 21 days of his effective dismissal four years later.
A former Uber Eats worker is today seeking to convince an FWC full bench that she is an employee because the gig economy giant exercised "practical control" over her, as it began hearing her bid to overturn an earlier ruling.
The FWC has refused to grant an extension of time to a dismissed supermarket employee who blamed the late filing on being preoccupied with his legal studies.
