The FWC has refused to extend time for an unfair dismissal claim lodged five days late by a pro bono solicitor found to be "primarily responsible" for the delay, ruling that the worker knew the 21-day limit applied and should have followed it up with his representative.
An Uber driver's failure to convince the FWC that he is an employee is unlikely to deter other challenges according to an academic, while the case raises questions as to whether traditional legal tests can be applied to the gig economy.
The FWC has acceded to a request to delay an unfair dismissal hearing for two AMWU delegates sacked by Visy Board for allegedly organising unlawful overtime bans, so that they don't prejudice their position in a parallel civil penalty prosecution the company has initiated against the union, an official and 69 employees.
A home-based sales representative has been compensated after the FWC found that he was sacked within a day of receiving a "manifestly unreasonable" ultimatum to pack up his life in Byron Bay and return to work in his employer's Sydney office.
A Rio Tinto employee has been reinstated after the FWC highlighted starkly different recommendations in investigations conducted by its HR and safety experts.
The FWC has upheld a building company's sacking of a safety officer who insisted his job was limited to an advisory capacity despite repeated warnings that he was to rigorously enforce safety across sites.
The FWC has found a Coles Supermarkets baker who texted explicit images to a manager who responded "great d--k pic" did not sexually harass him as he appeared to initially take them as "a joke", but the tribunal has upheld his dismissal as his behaviour breached the retailer's code of conduct.
In an indication of the harder line the FWC is taking on allowing lawyers to appear, it has rejected a bid for representation by a large well-resourced employer with thousands of employees that claimed its in-house IR and HR personnel lacked sufficient advocacy experience to defend an unfair dismissal case.
The FWC has upheld the sacking of a senior ETU delegate who objected to his employer's introduction of GPS tracking, finding he deliberately wrapped his device in a Twisties bag to conceal his whereabouts and falsified service records when absent from work.
An "acquiescent" labour hire company should have sought more information from a host employer about its reasons for ending the placement of an on-hire worker, the FWC has ruled in finding her dismissal unfair.
