Toll's failure to specify that it would not recognise a worker's prior service with a labour hire company has left it open to his unfair dismissal claim, with the FWC finding he met the minimum employment period as the transfer of his work established a connection between his new and old employer.
A member of a "very large" employer's six-strong "lean" HR team has convinced the FWC that complex argument over whether a sacked self-represented worker is an employee or contractor justifies external legal representation.
The FWC has rebuffed a security worker's claim that his former employer misrepresented its headcount to deny him protection from unfair dismissal, pointing out that it is not the Commission's job to conduct a "fact-finding" mission into each individual's status.
An FWC member should have drawn a software tracking company's attention to the small business fair dismissal code before ordering it to pay $70,000 to a former employee, a full bench has found.
In a case traversing the thorny issue of recognising prior service when bringing casual labour hire in-house, the FWC has found a worker didn't qualify for unfair dismissal protection because his previous arrangement was not genuine outsourcing.
An FWC full bench has refused a rabbi leave to appeal a decision rejecting his third set of unfair dismissal proceedings against his past employer, on the basis it was seven years out of time and had no prospect of success.
In a decision closely examining the circumstances under which casuals satisfy minimum employment periods, the FWC has found a solicitor's admission that he didn't prepare well for a competitive hiring process contributed to leaving him one month short of being protected from unfair dismissal.
Sacked NUW NSW official Nick Belan has today continued his challenge to the FWC's ability to rely on evidence given to royal commissions, urging a full Federal Court to treat the tribunal like a court and find that it should not have been able to uphold his sacking on the basis of admissions made in 2015.
An HR manager made redundant less than three months after accusing his managing director of using company funds to pay for a methamphetamine addiction was not unfairly dismissed, the FWC has found.