Case law page 100 of 143

In a case traversing the thorny issue of recognising prior service when bringing casual labour hire in-house, the FWC has found a worker didn't qualify for unfair dismissal protection because his previous arrangement was not genuine outsourcing.

The FWC has refused permission for a senior HR manager to correctly identify her employer in a general protections claim after the company's US parent argued she had intentionally named it at the first instance for "strategic benefit".

An FWC full bench has refused a rabbi leave to appeal a decision rejecting his third set of unfair dismissal proceedings against his past employer, on the basis it was seven years out of time and had no prospect of success.

In a decision closely examining the circumstances under which casuals satisfy minimum employment periods, the FWC has found a solicitor's admission that he didn't prepare well for a competitive hiring process contributed to leaving him one month short of being protected from unfair dismissal.

The FWC has highlighted the pitfalls for workers who opt to resign rather than risk reputational damage from being sacked, in a case in which it says it would have deemed any dismissal unfair.

A leisure centre employee whose hours were drastically cut after a request to work around her studies was not forced to resign, the FWC has found.

An asylum seeker allegedly sacked after complaining about his pay for 91-hour weeks as a Woolworths trolley collector has been allowed to file a late adverse action claim, the FWC finding his application had "considerable merit".

The FWC has slashed an HR employee's payout to zero after she "jumped the gun" and sought a reduced redundancy payment, having decided a post-maternity job offer was a demotion.

A worker sacked a month after quitting her union over dissatisfaction with its services should have informed herself of the 21-day limit to make an unfair dismissal application, the FWC has found.

In a case alerting labour hire companies to the dangers of carrying out dismissals at a client's behest, the FWC has opened the way for a casual labour hire mine worker to seek reinstatement after WorkPac took a directive to remove her as "a fait accompli".