In separate out-of-time rulings, the Fair Work Commission has rejected a sacked employee's challenge to when his dismissal took effect, but given another employee the benefit of the doubt on the "unreliability" of the tribunal's e-filing system.
Full bench in test case on casual qualifying period; Cooling-off for unfair dismissal settlement recognised; No extension of time for employee who evaded retrenchment notice.
Target has enough HR staff to not need legal representation; Data upload difficulties lead to time extension; Mental health provider given go-ahead to employ ATSI people only; Biggest ever electronic ballot gets go-ahead for DHS; and Former retail group head facing fraud charges.
The Fair Work Commission has rejected an employer's argument that a private arbitration clause in an employment agreement restricts its ability to deal with an unfair dismissal application.
Two Australia Post employees sacked for circulating p--nography in the workplace will keep their jobs after a full Federal Court ruled this morning that a FWC full bench made no errors in its decision to grant them leave to appeal a decision that upheld their dismissals.
An injured Qantas baggage handler who sought a review under state workers compensation law of a rehabilitation plan that would have transferred him to a new employer was not prevented by the Fair Work Act's "multiple actions" provisions from pursuing a federal unfair dismissal claim, a full bench of the FWC has ruled.
A Flinders University analyst who argued that she was dismissed to avoid an investigation of her workplace bullying allegations has failed to convince a Fair Work Commission full bench she should be able to appeal the rejection of her unfair dismissal claim.
An employee who lodged an unfair dismissal claim one day late after initially making a complaint about his sacking to the Fair Work Ombudsman has failed to overturn the FWC's refusal to extend time.
In an important decision, a Fair Work Commission full bench has ruled that regular overtime can be classified as earnings when determining whether the remuneration of workers making unfair dismissal claims is below the statutory limit.
In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.
