Browsing: Case law


"No excuse" for "astounding" representative error

The FWC has extended time due to representative error, after a lawyer with "extensive experience in employment matters" who is also the author of an article on his firm's website about the "hurdles" to "jump over" to make an unfair dismissal claim, including the 21-day time limit, lodged a client's application four days late.


Worker's "defensive" stance brought about exit: FWC

A guest services worker at one of the country's largest shopping centres might have avoided the sack if she had promptly returned a $130 voucher mistaken for a gift, the FWC has found.


"In-principle" settlement not the end of the matter: Full bench

A FWC full bench has overturned a commissioner's decision to "unilaterally" and without warning "administratively close" a general protections claim based on his incorrect belief that the parties had reached a settlement.


Covert recording trashes dismissal challenge

The FWC has refused to hear a BP worker's three-day late challenge to her sacking after she revealed she ignored a clear direction not to record the disciplinary meeting at which the employer summarily sacked her.


FWC waves big stick over employer's "disregard" for laws

A transport company is to be referred to the FWO over its "alarming" indifference to its obligations as an employer, after an unfair dismissal case in which it exhibited "disregard" for the FWC before being ordered to pay $30,000 to a former worker sacked without warning.


FWC upholds sacking for phone-use while driving

A mining truck driver's mobile phone use, detected by an infra-red driver alertness system, justified her dismissal, after what the FWC deemed to be a fair investigation process.


Move to Canada broke employee bond: FWC

In what might stand as one of the last FWC cases relying on the High Court's 2022 Personnel decision to establish whether a worker is an employee or an independent contractor, the tribunal has rejected a manager's claim that she maintained the same role at a fintech company despite resigning and signing a contractor agreement as part of a move to Canada.


FWC member "precipitously" binned case: Bench

A FWC full bench has found a presidential member denied two workers procedural fairness when he took the "precipitous step" of dismissing their general protections applications before they received his email warning he might do so because of their failure to lodge submissions in reply.


"Revelation" about sacking leads to $30K compensation

An employer must pay more than $30,000 compensation to a manager sacked over suspicions that he was taking it for a ride over sick leave, a fact only revealed under questioning by a FWC member.


Burlesque performer forced out of "dream job": FWC

An employer forced a burlesque performer to resign from her "dream job" as a result of its late payment of wages and the business's "persistent disorganisation", the FWC has found.


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