A bank manager who turned up for work five days after being fired with immediate effect has had her unfair dismissal claim rejected on the basis that she fell marginally short of the minimum six month employment period required by the Act.
The "mastermind" behind an alleged conspiracy to steal fuel from employer Coles Express will have her unfair dismissal claim heard after Australia Post failed to meet its Express Post "next day delivery" guarantee.
The FWC has thrown out an employer's argument that a "wide view" of the Fair Work Act allowed it to make four safety officers working on the Gorgon LNG project redundant when they refused to accept a 13% pay cut.
A worker directed to take unpaid leave for mental health treatment has had his unfair dismissal claim rejected after falling "marginally" short of the FWC's jurisdictional prerequisite of a minimum six months' continuous service.
The FWC has given the go-ahead for the regional director of a multibillion dollar real estate business to pursue his unfair dismissal claim despite earning well above the income cap, because his duties established he was in fact an award-covered sales representative.
The FWC has extended time for an employee who claimed "force majeure" and an "Act of God" after Cyclone Debbie and representative error delayed lodgement of her unfair dismissal application.
The FWC has refused an employer's application to recoup its costs of defending an unfair dismissal claiming, noting the employer incurred its "unreasonable" $10,000-plus bill because its chose a law firm that provided a "Rolls Royce service".
The FWC has highlighted that an employee with no legal qualifications or background in IR who won an extension of time for her unfair dismissal claim "provided the sole information" to the tribunal about representative error, despite the presence of her advocate at a hearing.
The FWC had found that an unresolved dispute extended a worker's employment beyond the six month qualifying period for protection from unfair dismissal.
