A tribunal member has determined it would be an "overly formal" exercise of the FWC's powers to bin a late unfair dismissal claim after the applicant was belatedly informed she had filed an incomplete form.
The FWC has held that TasWater unfairly sacked two workers accused of repeatedly using a workplace messaging system to engage in inappropriate sexual innuendo about female colleagues.
The FWC has refused to relist a worker's unfair dismissal application despite his claim he withdrew it only after his former employer reneged on an assurance he would be provided with a separation certificate to his liking.
The FWC has upheld the summary dismissal of a truck driver who failed to provide a urine sample after a three-hour wait at a medical clinic, finding he did not make a reasonable effort to fix the problem.
The FWC has upheld a South32 mine's sacking of a long-serving supervisor, finding he engaged in fraud when he deliberately manipulated his overtime payments.
After confirming a company's deregistration is no barrier to determining an unfair dismissal claim, the FWC has found the sacking complied with the small business dismissal code but has referred "questionable practices" to the ATO and Home Affairs.
In a significant decision considering representative error, a solicitor has failed to convince the FWC that his miscalculations in filing a late unfair dismissal application justified an extension, after the worker waited 15 days to confirm she wanted to proceed.
A Salvation Army recruitment agency worker accused of threatening to break colleagues' fingers if they adjusted the air conditioning has failed to convince the FWC that her stress disorder and a delayed dismissal letter justified an extension of time.
Members who pursue unfair dismissal applications through their union should expect the same expertise and professionalism as would be provided by a lawyer, the FWC has found in granting an extension of time due to representative error.
An economist has become embroiled in a second workplace dispute after dismissing a real estate office manager in circumstances found to be neither a genuine redundancy nor justified by alleged misconduct.
