A US video game company that told a senior FWC member "I wish the United States was as diligent as you guys" about unfair dismissals has been ordered to reinstate an Australian-based tester, after the tribunal applied the new "practical reality" test for employment relationships.
Uber's "farcical", "inane" and "mind-numbing" response to a driver's attempt to challenge it booting him off the platform for alleged misconduct did not satisfactorily explain why he filed his unfair deactivation application 12 days' late, the FWC has found.
An employer remained in the dark about the extent of a worker's acute mental health crisis after she attempted to take her own life, and reasonably concluded that she had abandoned her employment, the Fair Work Commission has found.
The FWC has agreed to hear a bank employee's late challenge to his sacking for allegedly fraudulently disputing a credit card transaction, accepting sufficient doubts surrounded his intentions, the connection to work and the fairness of effectively ending his chances of ever landing a job in the industry again.
The FWC has refused to extend time for a worker who attempted to file his unfair dismissal claim two hours before the deadline, finding that by waiting until the last minute, he risked encountering technical difficulties.
A former ATO director who claims sustained bullying and harassment forced her to move to the AEC has failed to establish it constitutes a dismissal, after she used the Public Service Act's voluntary transfer provisions.
The FWC has ruled that a law firm unfairly dismissed an underpaid paralegal working remotely from the Philippines, after it previously rejected the firm's claim that it had engaged her as a contractor.
A former Google software engineer who accused the tech giant's HR staff of bullying will not get to pursue it for adverse action after the FWC comprehensively rejected claims that two law firms and two barristers were to blame for a five-month delay in filing her case.
The FWC has cleared the way for a project manager to pursue his unfair dismissal claim after finding his retention payments do not push him above the high-income threshold as they are not "earnings".
A worker's covert recordings of disciplinary meetings might have been lawful if he had only used them to "aid his recall", rather than submitting the audio and transcripts as evidence in his unfair dismissal case, the FWC has ruled.
