In a decision closely considering when homelessness can provide the "exceptional circumstances" necessary to warrant extending time, the FWC has agreed to hear a one-day late claim after hearing the applicant spent a fortnight after his dismissal sleeping in his car.
A DEWR review of the procedures available for small claims of up to $100,000 recommends legislative change to enable successful applicants to win costs and an automatic exemption from filing fees in some circumstances, while it also canvasses establishing a small claims jurisdiction within the FWC or creating an industrial court.
In a decision weighing how close to "perfection" an employee's standards need to be, the FWC has upheld the sacking of an experienced scientist accused of "manipulating" data for a single BHP soil sample among thousands he helped test.
A large childcare operator has been ordered to pay more than $8000 compensation to a sacked worker falsely accused of telling a parent about her tenuous visa status in supposed breach of a company policy found by the FWC to impose no constraint on such interactions.
The FWC has awarded $20,000 to an on-hire mineworker sacked after testing positive for anti-depressants, finding that more consideration should have been given to his "genuine misunderstanding" of the host's new drug policy.
Former Fair Work Commission Vice President Joe Catanzariti has opened up about his influences in life, tribunal work, retirement challenges and thoughts on future legislative change.
A FWC full bench has overturned the rejection of a late adverse action application in which a worker claims symptoms caused by Parkinson's disease "perfectly matched" the performance reasons given for his sacking.
A FWC full bench has refused to overturn the dismissal of a worker in a safety-critical role, upholding a member's finding that the seriousness of the worker's three positive drug tests outweighed procedural shortcomings.
The FWC has upheld the sacking of an aged care home manager found to have signed off on a colleague's "ludicrous" work-from-home arrangement while apparently harbouring hopes that their close relationship would deepen.
A dance instructor's refusal to take out the rubbish did not justify his sacking, the FWC has held, while his visa status has contributed to a finding of harshness.
