Uber and Uber Eats gig workers who appear to have used generative AI to challenge their deactivations have failed to win extra time to pursue unfair dismissal applications they lodged five to seven years late.
The FWC has rejected a manager's general protections dismissal dispute claim after finding that she waited too long to withdraw a resignation supposedly given "in a state of distress" and holding that the employer's knowledge of her tendency "to make 'emotional' decisions" had no relevance.
The income and compensation caps for unfair dismissal claims are set to increase next Wednesday, along with filing fees for a range of other applications, while payday super will also take effect.
In a sign of the FWC's growing frustration with not just the number of applications flowing across its desk but the prevalence of applicants dropping off the map, a member has lamented a worker's "disconcerting" failure to engage with the tribunal and the concomitant waste of valuable "time and resources".
In a decision highlighting the need to confirm an employee's intentions before taking an ambiguous or emotionally charged exchange to be a resignation, the FWC will continue hearing a farm hand's unfair dismissal case after rejecting the employer's argument that he quit of his own volition.
A barrister who moonlights as an umpire can proceed with her general protections claim against Tennis Australia after the FWC determined that TA employed her as a casual when it blocked her access to tournaments for allegedly breaching undertakings to never criticise its management of the sport.
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.
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.
The FWC has found that an employee of an Australian company who lives and works in New Zealand can bring an unfair dismissal claim, because the employer received his emailed contract acceptance in Victoria.
A HR/IR manager who resigned briefly before taking up a casual position with the same employer has fallen short of the minimum period for pursuing an unfair dismissal case, despite assurances her continuity of employment would be preserved.
