The FWC has cleared the way for a worker to challenge his "unusual" temporary sacking, confirming an administrative error that unintentionally ousts an employee can still amount to a "dismissal at law".
A former Tech One manager who rejected a "genuinely commercially-based" $2.2 million settlement of his "objectively untenable" $55 million general protections claim is now facing what is likely to be a seven-figure costs order, after a Federal Court ruling.
The FWC's longest-serving member has provided a detailed exposition of the tribunal's approach to suppression orders, reinforcing that it is not merely about "public understanding" of her reasons for finding that an employer did not force an experienced HR manager to resign after less than five months in the job.
The FWC has emphasised its "high bar" for extending time, finding no basis to accept a general protections claim submitted at the last minute but received 16 seconds late, nor another lodged just four seconds beyond the 21-day statutory deadline.
A court has refused to lift a short-term contractor's unpaid suspension while he runs an adverse action case against an employer that declined to make him permanent, finding incompetence might "at best" be to blame for its investigation delays, while any harm to his reputation is "self-inflicted".
The former national HR manager of the country's biggest tug operator made a "snap decision based on... irritation" when she chose to unlawfully dismiss a senior port manager because he rejected a new role central to restructuring plans, a court has found.
The Federal Court has dismissed an adverse action claim by the former Victorian manager for listed software company Technology One, in which he initially won a now overturned $5 million payout, and sought nearly $55 million on retrial.
A type-1 diabetic's late general protections application alleging disability discrimination can proceed after his ASX-listed labour hire employer conceded the employment relationship had "dwindled and ceased" due to his work restrictions.
An employer repudiated the contracts of male managers and dismissed them when it reduced their classification levels and wages to parity with female co-workers for "pay equity" reasons, as the demotions involved substantial reductions in remuneration, the FWC has found.
