A large employer has for the second time in a year successfully argued that disposition of a matter before the FWC would be best served by it being permitted to engage an external lawyer to argue against a self-represented worker, given its admitted lack of expertise in IR matters.
An FWC member hearing a jurisdictional objection in an unfair dismissal case wrongly ruled that he should automatically exclude video evidence that he found had been unlawfully obtained, a full bench has ruled today.
An FWC member has rebuffed an employer's claim that he should recuse himself from hearing an unfair dismissal case on the basis of an ultimately admitted error he made in writing up a jurisdictional decision.
An FWC full bench has cleared the way for a commissioner to redetermine an employer's objections that a worker allegedly sacked when a stranger handed her an unmarked envelope at her home did not qualify for unfair dismissal protection because it should be deemed a small business.
A former TWU official has lost a bitter dispute with the union over his dismissal in 2014, which he claimed was motivated by his absence from work due to a back injury.
The FWC has stymied a company director's unfair dismissal claim for a second time, after a fresh hearing affirmed his car allowance and other benefits put his earnings beyond the high income threshold.
The FWC has allowed an employee to file an unfair dismissal claim 33 days late, on the grounds that he had been hospitalised due to a suicide attempt four days after his sacking.
The FWC has rejected an employer's claim it did not summarily dismiss an apprentice by text, describing a later email in which the teenager was told "we are holding your position open" as a "retroactive" attempt to characterise the worker as having quit.
An employer who failed to record a worker's serial misconduct, provide a written warning or give him an opportunity to respond nevertheless did not deny him a fair go when forcing him to resign following a brief lunch room meeting, the FWC has found.
