An employee who lodged an unfair dismissal claim one day late after initially making a complaint about his sacking to the Fair Work Ombudsman has failed to overturn the FWC's refusal to extend time.
In an important decision, a Fair Work Commission full bench has ruled that regular overtime can be classified as earnings when determining whether the remuneration of workers making unfair dismissal claims is below the statutory limit.
In a long-running case with numerous twists and turns, an unfairly dismissed anaesthetist has again failed to win his job back after a Fair Work Commission full bench ruled there were no errors in Deputy President Val Gostencnik's decision that Barwon Health's loss of trust and confidence in him made reinstatement inappropriate.
A warehouse worker who claimed Linfox's social media rules infringed his "freedom of speech" has failed to overturn a ruling that his dismissal for repeated disregard of the company's policies was not unfair.
A finance company has failed to overturn an order to pay $1.6m in damages to a sales director it initially dismissed on notice and then purported to summarily sack for allegedly sexually harassing a subordinate.
A Fair Work Commissioner was wrong to give the Tax Office permission to be represented by a solicitor but not a barrister, but a full bench has denied the NSW Bar Association leave to appeal against the representation ruling because the ATO admitted it did not adversely affect its case.
In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.
The obligation for employers to let employees bring a support person with them to any discussions that could lead to dismissal does not extend to allowing that person to be an advocate, a FWC full bench has confirmed in overturning a ruling by Commissioner John Ryan that an executive director was constructively dismissed.
A full Federal Court has refused to overturn a finding that an employee whose firm was placed in receivership resigned and as such was not entitled to the $273,360 payout he claimed.
A FWC full bench has directed a Jetstar flight attendant to address it on whether it can consider reinstating her in the wake of media reports that South African authorities are seeking to extradite her over allegations of "criminal conduct of the most serious kind".
