Browsing: Extension of time (33 items)


Demotion, transfer amounted to sacking: Bench

A FWC full bench has ruled that Corrections Victoria dismissed a prison officer when it demoted and transferred him, clearing the way for him to proceed with his unfair dismissal claim.


Union's tardy legal advice explains late application: FWC

A sacked crane driver can proceed with his late dismissal challenge after the FWC found the blame lay squarely with his union for belatedly obtaining legal advice about which jurisdiction to file it in.


Merits get wrongly-filed claim across the line

The FWC has extended time for a worker to contest her dismissal, finding it warranted due to her mistaken attempt to dispute it in another tribunal, combined with the strong merits of her claim.


Case against major franchisor to proceed

An alleged whistleblower's explosive allegations against franchising business Jim's Group may be headed for hearing, after a court gave him an extension of time and let him file an amended claim.


"Unfortunate" turn of events at FWC mailbox

A fair work commissioner has extended time for a worker who drove 170km to hand-deliver his unfair dismissal claim, saying "unfortunate" is too gentle a word for delays that left the original languishing in the tribunal's shared mailbox at Hobart's Commonwealth Courts building.


"Offboarded" worker allowed to pursue sacking claim

A worker has been allowed to proceed with an out-of-time unfair dismissal application after his employer failed to tell him he had been taken off the roster, "dangled" the prospect of future shifts in front of him for almost a year, and led him to believe he remained on the books.


No-win, no-fee lawyer experience leaves "sour taste"

The FWC has made tart observations about relying on no-win, no-fee lawyers and agents in refusing to extend time by seven months for a worker allegedly unfairly sacked for disclosing a medicinal cannabis prescription for pain relief.


FWC slams door on seconds-late applications

The FWC has emphasised its "high bar" for extending time, finding no basis to accept a general protections claim submitted at the last minute but received 16 seconds late, nor another lodged just four seconds beyond the 21-day statutory deadline.


Verbose, inaccurate AI-generated cases a worry for FWC

With many self-represented workers turning to artificial intelligence to prepare material to file in the FWC, a senior member has articulated concerns after navigating an apparently AI-generated claim containing "evolving" reasoning and a non-existent authority.


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.


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