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Dismissal round-up: Spam excuse wins extension; & more

Time extended after application lands in spam folder; Woolies failed to clarify termination date; FWC upholds sacking for taking unauthorised leave; and Tribunal backs dismissal for threat to "kill" manager.

Tribunal rebuffs worker's plea to plug FEG 'empathy gap'

The AAT has rebuffed a claim of unfair treatment under the Fair Entitlements Guarantee from a worker who claimed she missed out on a redundancy payment because of her loyalty and empathy in staying-on with a failed company as its employee numbers dropped below the small business threshold.

Big employer needed "open mind" on leave timing: Court

The Federal Court has fined Airservices Australia for consciously failing to consult workers before forcing them to take leave during a Christmas/New Year shutdown period, observing there was "no point" in doing so once they returned to work.

Super "amnesty" riles unions

The Morrison Government is making a renewed attempt to pass legislation granting employers an amnesty to report unpaid superannuation.

Disputed dismissal date not given enough regard: Bench

A tribunal member failed to properly regard the disputed date of an embassy employee's dismissal in refusing to allow him to proceed with a general protections claim, an FWC full bench has found.

"This proceeding has developed elephantiasis": Judge

A judge has rebuked the FWO over its handling of a case brought against a silo manufacturer accused of underpaying two workers less than $13,000, observing that the "sorry saga" had "developed elephantiasis" and it was time it was brought to an end.

Union calls on government to intervene in Deliveroo case

The TWU is calling for Federal Government intervention as it prepares to appoint a legal team to represent a non-member Deliveroo rider who launched a sham contracting test case claiming he should have been paid as a casual, rather than per delivery as an independent contractor.

Full court rules on leave test case

A full Federal Court has ruled today that a pair of 12-hour shift workers at a Cadbury chocolate factory are entitled to 10 calendar days of paid personal/carer's leave, rather than a lesser amount argued by their employer and the Federal IR Minister.

Settlement wins back 100% of FEG outlays

IR Minister Christian Porter has congratulated his department and a Government-appointed special purpose liquidator for securing recovery of 100% of entitlements paid by the FEG to former employees of failed Clive Palmer entity Queensland Nickel.

IR Minister fails to overturn long service ruling

Queensland's IR minister says an anomaly in the State's long service legislation needs to be fixed, after a court rejected her challenge to a ruling that denied payment to a worker dismissed just weeks before he reached the critical 10-year service threshold.