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.
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.
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.
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.
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.
The FWC has agreed to hear a bank employee's late challenge to his sacking for allegedly fraudulently disputing a credit card transaction, accepting sufficient doubts surrounded his intentions, the connection to work and the fairness of effectively ending his chances of ever landing a job in the industry again.
The FWC has refused to extend time for a worker who attempted to file his unfair dismissal claim two hours before the deadline, finding that by waiting until the last minute, he risked encountering technical difficulties.
A new UK bill introduced by the Starmer Labour Government seeks to reduce the qualifying period for protection from unfair dismissal from two years to an employee's first day of work, although employers will potentially have an initial nine months in which to sack those "not right for the job".
The FWC has pointed to a worker's knowledge of the 21-day deadline for filing general protections claims in declining to allow his late application to proceed, despite finding that responsibility for the delay rested "overwhelmingly" with his lawyers.
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.
