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.
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.
