Browsing: Extension of time (24 items)


Manager "blameless" for late application

A FWC member has taken into account an experienced lawyer's stray comma, an apparent formatting problem and the FWC's tardy notification of an issue in absolving a worker of any blame for her 35-day-late unfair dismissal application.


Axing from Teams chat not the critical moment: FWC

A university has failed to establish that a tutor's dismissal took effect when a lecturer removed him from a group chat, clearing the way for him to challenge his sacking, unlike a colleague also dropped from the forum, who has since lodged an appeal.


Worker incorrectly blamed FWC for delay

The FWC has refused to extend time for a worker who "misrepresented" the reason for a one-day delay in filing her unfair dismissal application, when she blamed the Commission for sending an email to the wrong address.


Employment law firm led client "astray"

The FWC has lambasted a law firm that over-ruled its client and filed her unfair sacking application in the wrong jurisdiction, then took an unreasonably long time to file it correctly, some 24 days late.


FWC bins "hopeless" ChatGPT application

In a case highlighting the "obvious danger" of relying on artificial intelligence for legal advice, the FWC has refused to extend time for a "hopeless" 900-day late dismissal challenge written by and filed on the suggestion of ChatGPT.


FWC bench sets out "proper approach" to dismissal cases

A FWC full bench has dived into the legislative intent behind several key Fair Work Act provisions to find that a presidential member should have determined whether Corrections Victoria "in fact" dismissed a prison officer when it demoted and transferred him, instead of making her extension of time decision on the "assumption" it sacked him.


FWC sin-bins errant paid agent

The FWC has banned a paid agent from continuing to represent his client after finding him to blame for the worker's late dismissal challenge and that he sought to rely on a decision which "clearly does not exist" when arguing the application had been filed within time.


Tardy FWC advice no excuse for late application: FWC

A worker has lost his ability to lodge a general protections application challenging his sacking after waiting more than three weeks to hear back from the FWC's Workplace Advice Services program, with the tribunal refusing to grant an extension.


"Inane" Uber communications don't excuse lateness: FWC

Uber's "farcical", "inane" and "mind-numbing" response to a driver's attempt to challenge it booting him off the platform for alleged misconduct did not satisfactorily explain why he filed his unfair deactivation application 12 days' late, the FWC has found.


Assuming abandonment reasonable: FWC

An employer remained in the dark about the extent of a worker's acute mental health crisis after she attempted to take her own life, and reasonably concluded that she had abandoned her employment, the Fair Work Commission has found.


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