A FWC full bench has upheld an order for an employee to pay the maximum amount of costs permitted under the Fair Work Regulations, after he unreasonably "persisted" with his unfair dismissal claim despite knowing he did not meet the qualifying period, due to his misguided reliance on artificial intelligence.
Reservations about a neuroscientist's "candour" have not stopped a court from agreeing to hear his late application alleging Australia's leading brain research institute forced him to resign after he raised concerns about funding expenditure, while he at the same time defends claims that he "misused" confidential information.
No evidence of "witch hunt"; Missing dismissal letter explained late application; 336 days an insurmountable barrier; No joy for sacked DUI worker on sub mission; and Poor mental health did not cover whole delay.
The FWC has allowed a six-days-late general protections claim to proceed after accepting the delay partly resulted from domestic violence and the applicant's daughter attempting to take her own life, in a decision anonymised because of the "sensitive and confidential" nature of its details.
A retail worker will have a chance to argue that she got the sack for "speaking up against religious supremacy and genderism" after a FWC member accepted that a faulty internet connection delayed her application by two minutes.
An unpaid layperson said to be representing 12 workers in the FWC has failed to convince a senior member she has an "automatic right" to represent a pilot in a late general protections case, with the tribunal also citing evidence she unsuccessfully sought a restraining order against the employer's lawyer and allegedly threatened his family.
The FWC has allowed a six-day-late disability discrimination case to proceed after accepting that the paid agent engaged to file the application entered the wrong name and employer.
The FWC has extended time for a HR manager with a "debilitating" undiagnosed neurological condition to file her general protections claim, despite accepting the medical evidence failed to prove her incapacitation during the 21-day statutory limitation period.
The FWC has declined to extend time by 13 seconds for a prison guard sacked for failing to disclose his involvement in a s-xual harassment case that resulted in a young worker receiving $125,000 compensation.
The FWC has cleared a general manager's late unfair sacking claim to proceed after a law firm's graduate employee advised him to file it in the wrong jurisdiction, finding it "unreasonable and unrealistic" to assume the GM had been in a good position to identify the correct forum.
