A restaurant unfairly dismissed a 457-visaholder cook who had an imposter sit his English competency test and secretly recorded conversations after reporting it for alleged exploitation, the FWC has held.
The FWC has reminded employers that when it comes to dismissals, even "difficult" workers are entitled to natural justice, awarding compensation to an employee summarily sacked by email after repeatedly abusing his manager.
The FWC has taken the TWU to task for botching the redundancy of a long serving Victorian/Tasmanian industrial administrator, sacked on the spot to cut costs in the early days of the coronavirus pandemic.
A senior FWC member has extended time for an unfair dismissal claim for a retail worker dealing with domestic violence, illness, homelessness and a lack of funds, acknowledging her "true hardship, genuine struggle the likes of which I do not often see".
The FWC has upheld BHP's sacking of a mineworker who twice defecated in an active drill hole, despite finding it unavoidable on one occasion due to his urgent and explosive diarrhoea.
An FWC full bench has held that it is not empowered to rule on a disbarred lawyer's claim that a senior member is unfit to hold office, but has remitted his unfair dismissal case to another member after finding he was denied procedural fairness.
The FWC has granted the United Workers Union permission to be represented by a lawyer when it seeks to defend its dismissal on "serious grounds" of an organiser.
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The FWC has refused to grant an extension to a worker who filed his unfair dismissal application 144 minutes late after grappling with technical difficulties for four hours.
An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.