The FWC has stopped short of reinstating a wharfie potentially not "in the right mind" when he resigned in 2024, after the tribunal became aware of his recent incarceration for stalking radio star Jackie 'O' Henderson.
A senior FWC member has used a transcription service worker's unfair deactivation application to examine and narrow the legislative definition of "digital labour platform", finding an online business does not fall into the category because jobs are allocated by humans rather than algorithms.
A FWC presidential member has blasted the "exceptionally and embarrassingly poor" service provided by a law firm held responsible for filing a garbage collector's general protections matter 125 days' late.
The Fair Work Commission has found the Department of Veterans' Affairs did not force an assistant director to resign during a fitness‑for‑duty process, concluding he chose to quit rather than risk an adverse assessment.
The FWC's longest-serving member has provided a detailed exposition of the tribunal's approach to suppression orders, reinforcing that it is not merely about "public understanding" of her reasons for finding that an employer did not force an experienced HR manager to resign after less than five months in the job.
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.
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.
The FWC has found Australia Post's failure to meet its service commitments to blame for a worker's late unfair dismissal claim, with his express mail held up in the tribunal's PO box despite it paying for a daily delivery service.
The FWC is considering the remedy for an unfairly dismissed labourer after the death of his employer, who sacked him via text message because he lodged a WorkCover claim and planned to take time off to recover from a workplace injury.
The FWC has given short shrift to a part-time paid agent who claimed "other commitments" meant he was unable to meet a filing deadline, a senior member observing that the advocate's involvement had done nothing to improve the efficient disposition of an unfair dismissal matter.
