A judge has compiled a checklist for workers pursuing employers over unreasonable hours, highlighting the difficulties a product marketing manager faces in building her adverse action case without detailed evidence of workloads, deadlines and demands to complete tasks.
The FWC has cleared the way for a Philippines-based paralegal to pursue her unfair dismissal claim, finding her an employee of a Queensland law firm that paid her $12 an hour below award.
The FWC has found a long-serving BHP Coal worker who had "clearly not adjusted to the modern workplace" s-xually-harassed two colleagues, but a rushed investigative process and lack of a proper opportunity to respond rendered his dismissal unfair.
The FWC has finally brought the curtain down on a legal secretary's "spiteful" six-year campaign against her sacking, finding her "incredibly patient" employer had a valid reason to dismiss her after she blocked it from assessing her reasons for a lengthy absence.
A full Federal Court has overturned a ruling that Sydney Trains unlawfully discriminated against a trainee driver it sacked for failing to disclose that she had ADHD and autism, finding a judge relied on a "number of interrelated assumptions" unsupported by evidence.
The FWC has extended time for a worker's one-day-late unfair dismissal claim, finding his employer's "misleading" letter confirming his sacking resulted in his representative miscalculating the deadline.
The FWC has granted separate extensions of time to two workers challenging their dismissals, after attaching significant weight to the deaths of close family members.
The FWC has extended time by seven hours for a care worker to lodge her unfair dismissal claim after a loose power cord stymied a paid agent's "imprudent and careless" late night filing efforts.
A shareholding employee sacked by his "toxic" family business for raising his voice at a salesperson has won compensation but missed out on reinstatement due in part to his court bid to wind up the company.
