The "clear and unambiguous" wording of a separation certificate confirmed an on-hire worker's dismissal, regardless of the labour supplier's intention, the Fair Work Commission has ruled.
An accounts manager seeking a month-long extension to lodge an unfair dismissal claim after initially filing a blank form has failed to convince the FWC it was exceptional that she missed the FWC's replies as they landed in her junk mail.
A customer service operator's "pregnancy brain" contributed to her filing a late application contesting her redundancy and was among the factors justifying an extension, the FWC has found.
A young worker who is accusing her boss of leaving her no choice but to resign when he physically assaulted her has won extra time to pursue a late unfair dismissal claim, with the FWC accepting that mental health ramifications contributed to the delay.
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 former organiser who claims the UWU sacked her for exacerbating post-amalgamation "tensions" by pushing for a staff agreement has won a three-month extension to file her second unfair dismissal application, after a full bench found her first one barred as she lodged it while pursuing an adverse action case.
The FWC has extended time for an 11-days-late unfair dismissal claim, after finding the HR professional representing her incorrectly advised her to send a letter of demand to the employer in the interests of "procedural fairness", leading to her missing the 21-day deadline.
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 presidential member placed too much emphasis on two workers' failure to chase up their unfair dismissal applications, a FWC full bench has ruled, finding the representative's miscalculation of the due date responsible for the whole delay.
