A charity did not "intend" to sack a casual carer seeking to resume shifts after recovering from a back injury, but its dithering and poor communications nevertheless "had that effect", the FWC has found.
In a significant decision on what constitutes a valid application, the FWC has allowed a general protections claim to proceed despite the worker submitting a blank form.
The FWC has extended time for a worker to lodge an adverse action case after he mistakenly filed an unfair dismissal claim, finding his refusal to sign his employer's letter terminating his employment did not excuse its subsequent failure to provide written confirmation.
One of the world's largest gold mining companies should have taken a worker's stress levels into account before accepting a resignation prompted by an allergic reaction to eating a cake's icing, the FWC has found.
An employer has failed to convince the FWC that a casual 'fragrance brand ambassador' had not yet become an employee when it "withdrew" the role before her first shift.
A Uniting Church reverend who received monthly payslips, superannuation contributions and Jobkeeper COVID-19 payments was not an employee capable of challenging his sacking for opposing same-s-x marriage, the FWC has found.
A senior FWC member in extending time by one day says a hospital security officer could not have been expected to ask a lawyer or psychiatrist he met while on remand to "trawl through his inbox" to find notification that he had been sacked.
The FWC has accepted a 48-seconds-late unfair dismissal claim from a worker convinced he filed it just before midnight on the last allowable day, after conceding that the tribunal's online processing quirks might have pushed it beyond the deadline.
A mechanic who overturned the rejection of his "late" unfair dismissal application has failed to convince a commissioner to recuse himself based on Australian Law Reform Commission unconscious bias research.
The FWC has affirmed that blaming late applications on "technical difficulties" without hard evidence is not enough to extend time, even when the margin is just 60 seconds.
