Reservations about a neuroscientist's "candour" have not stopped a court from agreeing to hear his late application alleging Australia's leading brain research institute forced him to resign after he raised concerns about funding expenditure, while he at the same time defends claims that he "misused" confidential information.
No evidence of "witch hunt"; Missing dismissal letter explained late application; 336 days an insurmountable barrier; No joy for sacked DUI worker on sub mission; and Poor mental health did not cover whole delay.
The FWC has allowed a six-days-late general protections claim to proceed after accepting the delay partly resulted from domestic violence and the applicant's daughter attempting to take her own life, in a decision anonymised because of the "sensitive and confidential" nature of its details.
Tugboat operator Svitzer Australia must pay $15,000 damages to a former port manager sacked because its national HR manager perceived him as "not grateful enough" about efforts to ensure his continuing employment during a restructure.
A manager has failed to convince the FWC that she had no choice but to resign, after she chose not to engage in mediation with the chief executive or pursue a formal complaint process.
The Federal Court has refused to treat court documents sent to an employer's former lawyers as effective service after the employer moved to the United Kingdom, but has allowed the worker involved to send the documents via WhatsApp.
A FWC full bench has quashed a certificate sending a general protections case involving dismissal to court after a member failed to determine an employer's objection that a worker quit, before recent Fair Work Act amendments removed the requirement.
The Federal Court has declined to temporarily restrain Atlassian from managing a neurodivergent worker's performance or sacking him, after finding no "real threat" of imminent termination of his employment.
A retail worker will have a chance to argue that she got the sack for "speaking up against religious supremacy and genderism" after a FWC member accepted that a faulty internet connection delayed her application by two minutes.
A probationary aged care nurse has won an adverse action case after a people and culture executive sacked her without independently assessing allegations, relying instead on a manager's recommendation that had been influence by her complaints.
