The FWC has extended time for a worker's unfair dismissal claim by 24 days because his employer, which "flouted its legal employment obligations and ignored the FWO", withheld his payslips and employment contract, preventing him from identifying the entity that employed him.
The FWC has granted a worker a one day extension for his unfair dismissal claim due to the merits of his case, after he alleged his employer summarily dismissed him for a positive drug test taken during a period of annual leave, when its zero tolerance policy would not apply.
In a case that weighs up employer rights when conducting investigations under commonly-used agreement provisions, a FWC full bench has rejected a worker's request for an investigation report that details his alleged misconduct, but has suggested the employer re-open its probe because it denied him natural justice.
A FWC member has refused a multinational company's bid for him to stand aside from an AMWU delegate's attempt to reverse his sacking for allegedly revealing non-members' names, accepting he "did not sit Sphinx-like" at an interlocutory hearing, but suggesting the employer should have properly considered his comments in context instead of "cherry-picking".
The FWC has ruled that just as a dismissal only takes effect when it is communicated to the worker, a resignation can equally only apply when the employer becomes aware of it.
A transport company sacked a manager when it failed to specify it would not pay out his notice period if he accepted an offer to leave early following his resignation, the FWC has found.
The FWC has reinstated a long-serving worker accused of violent threats to a colleague, finding the employer's circumstantial evidence fell short and did not establish that the incident occurred.
The FWC has granted extra time for a worker to challenge a dismissal she alleges came about while she underwent intensive cancer treatment, with no notification other than a request to hand over her work on her employer's WeChat group chat.
The FWC has rejected a law firm's argument that a legal assistant abandoned his job, finding its director sacked him in a text message he composed with the assistance of artificial intelligence chatbot ChatGPT.
