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.
A FWC full bench has refused to extend time for a HR business partner seeking to appeal her unfair dismissal decision, finding she had failed to demonstrate any legal errors and instead merely showed "a preference for a different result".
The FWC has allowed a 79-day-late unfair dismissal application after accepting an aged care worker relied on the advice of an immigration lawyer to initially contest her sacking through two health regulators.
A lawyer's "significant omission" in failing to specify the deadline for a self-represented worker to lodge his unfair dismissal claim, despite sending the worker a costs agreement on that date, contributed to the delay and warranted a one-day extension, the FWC has found.
The FWC has cleared the way for a Philippines-based paralegal to pursue her unfair dismissal claim, finding her an employee of a Queensland law firm that paid her $12 an hour below award.
The FWC has extended time for a worker's one-day-late unfair dismissal claim, finding his employer's "misleading" letter confirming his sacking resulted in his representative miscalculating the deadline.
The FWC has granted separate extensions of time to two workers challenging their dismissals, after attaching significant weight to the deaths of close family members.
The FWC has extended time by seven hours for a care worker to lodge her unfair dismissal claim after a loose power cord stymied a paid agent's "imprudent and careless" late night filing efforts.
The FWC has noted the proliferation of a business model serving as a "risk shifting exercise" for host employers, in rejecting a labour hire worker's unfair dismissal claim.
