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.
The voluntary administrators of food delivery business Foodora Australia Pty Ltd say the process will give the company "essential breathing space", which includes a statutory stay on landmark legal proceedings testing whether its riders are employees or contractors.
Unfair to ask HR manager to represent company: FWC; SDA secretary's lengthy tenure extended; Labor pledge to slash government spending on external workers.
A WA law firm will have to defend a restricted legal practitioner's underpayment and unfair dismissal claims after it failed to convince the state's IRC that he was an independent contractor, with the tribunal finding that only common law employees can be engaged in such roles.
Dismissal should be effected "in person"; Highly-paid manager not award-covered; Late claim sent to FWC staffer to proceed: Bench; Claim survives non-compliance with evidence deadline.
A senior FWC member has approved an employer's request for legal representation in a dismissal case, but not before requiring hearings be conducted in private, that he be free to provide "appropriate" guidance to the unrepresented former worker, and that he retain the power to revoke permission if the lawyer complicates proceedings.
