A gym must compensate a martial arts instructor for taking the "unnecessarily harsh" step of summarily sacking him, despite the FWC finding it within its rights to give him his marching orders for constantly using his phone while supervising classes.
In a decision that potentially moves the dial on how much the 21-day deadline for unfair dismissal claims can be stretched, the FWC has in discerning no practical consequences granted an extension to a worker who lodged their form 29 minutes after midnight on a Friday.
Bench rejects employee's "tactical" late dismissal claim; Police force ordered not to discharge injured cops; FWC publishes new unfair dismissal benchbook.
While expressing sympathy for a receptionist forced to assume responsibility for her 11-year-old sister after their mother's death, the FWC has rejected her claim she was constructively dismissed when her employer refused to modify her hours and guarantee leave for school holidays.
A bus driver who in breach of a strict no-phone policy took "goodnight" calls from his children while preparing to leave the depot was not forced to resign, the FWC has found.
A tribunal member has in rejecting a late unfair dismissal application cast doubt on the merits of a medical certificate asserting the worker was suffering from depression caused by workplace bullying, questioning whether the doctor was qualified to make such an assessment.
The FWC has in accepting a worker's late unfair dismissal application overlooked her failure to include her former employer in emails seeking numerous time extensions, finding it balanced by her willingness to "engage" with the Commission in pursuing the matter.
The self-described former general manager of a "car solutions" company has been given another opportunity to pursue an adverse action claim after the Federal Court found a lower court judge denied him a procedurally fair hearing while also ordering he pay unsought legal costs.
In a decision clarifying the degree to which workers can rely on their state of mind to justify late applications, the FWC has granted an extension to a cleaner "incapacitated" by stress after making serious allegations about her former colleagues.
