In what might stand as one of the last FWC cases relying on the High Court's 2022 Personnel decision to establish whether a worker is an employee or an independent contractor, the tribunal has rejected a manager's claim that she maintained the same role at a fintech company despite resigning and signing a contractor agreement as part of a move to Canada.
A FWC full bench has found a presidential member denied two workers procedural fairness when he took the "precipitous step" of dismissing their general protections applications before they received his email warning he might do so because of their failure to lodge submissions in reply.
An employer forced a burlesque performer to resign from her "dream job" as a result of its late payment of wages and the business's "persistent disorganisation", the FWC has found.
A FWC employee should have consulted a Commission member before providing incorrect advice that resulted in a worker filing his general protections claim a month late, the tribunal has found.
A worker resigned of his own volition because he blamed the death of his dog on his employer, after alleged underpayments that he claimed prevented him from being able to afford the surgery needed to save its life, the FWC has found.
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.
