The FWC has extended time for a worker's unfair dismissal claim by 24 days because his employer, which "flouted its legal employment obligations and ignored the FWO", withheld his payslips and employment contract, preventing him from identifying the entity that employed him.
The FWC has granted a worker a one day extension for his unfair dismissal claim due to the merits of his case, after he alleged his employer summarily dismissed him for a positive drug test taken during a period of annual leave, when its zero tolerance policy would not apply.
The FWC has ruled that just as a dismissal only takes effect when it is communicated to the worker, a resignation can equally only apply when the employer becomes aware of it.
A transport company sacked a manager when it failed to specify it would not pay out his notice period if he accepted an offer to leave early following his resignation, the FWC has found.
The FWC has granted extra time for a worker to challenge a dismissal she alleges came about while she underwent intensive cancer treatment, with no notification other than a request to hand over her work on her employer's WeChat group chat.
The FWC has rejected a law firm's argument that a legal assistant abandoned his job, finding its director sacked him in a text message he composed with the assistance of artificial intelligence chatbot ChatGPT.
An employer that sacked a worker absent on sick leave via an afternoon email has failed to establish she missed the deadline for filing a general protections claim, after the FWC held that she had no obligation to read it until she checked her messages the next day.
The FWC has urged the AWU to address its unfair dismissal claim lodgement processes after the union revealed its use of an internal case management system has again played a role in an out-of-time application.
The FWC has refused a six-day extension for a BCF store manager to challenge her sacking, but indicated that it might have granted it if a doctor who wrote a letter outlining her mental health issues had been called to give evidence.
Paid agent Supportah's failure to return scheduled calls and lodge a worker's unfair dismissal application, along with a family member's death, warranted a three-day extension, the FWC has found.
