In a significant decision unsettling the FWC's approach to general protections applications, a full Federal Court has ruled that a Commission bench "misconstrued" limitations on the tribunal's powers to first establish whether workers have been dismissed before considering such matters.
A labour hire company has failed to win costs against an unrepresented worker who pursued his unfair dismissal claim through four adverse findings in the FWC and Federal Court, a judge ruling that the employer didn't help its cause by declining to provide an interpreter and by filing confusing and irrelevant material.
A casual waitress who filed an unfair sacking claim almost 50 days after her employer sent her a dismissal letter and removed her from JobKeeper does not need an extension as she was unaware of the development, the FWC has held.
The FWC has granted a 55-day extension for a legally blind worker to challenge his sacking over a Facebook exchange after considering its effect on his mental state and his steps to obtain the assistance of disability and law advocates.
Avoiding a need to consider an extension of time, the FWC has decided to waive the requirement for a former John Holland Group employee to strictly comply with lodgement rules after his lawyers sent his application to the wrong email address.
The FWC has over a university's jurisdictional objections allowed a professional officer's largely "incompetent" unlawful dismissal claim to proceed, inviting him to re-submit an application confined to alleged discrimination on the basis of political opinion.
An employer that restructured a senior manager out of his job and did not consider him for a new role because its director considered him an underperformer must pay him almost $18,000, the FWC finding it was not a genuine redundancy.
The FWC has slammed a "presumptuous" employer for taking up its time with a baseless late bid to have the tribunal throw out the unfair dismissal claim of a casual boxing trainer seeking compensation at the JobKeeper rate.