The FWC has accepted that a company made a HR manager redundant on her return from parental leave due to her discomfort with interviewing English-speaking job candidates and downsizing directions from its Chinese head office, rather than her status as a new mother.
The FWC has cleared the way for the ACT Greens' former party director to challenge his sacking after rejecting the organisation's jurisdictional objection that his brief term failed to meet the statutory minimum employment period for workers at small employers.
A Coles worker sacked for "interacting" with shoplifters in defiance of company policy has had her one-minute-late adverse action application binned, after the FWC rejected her bid to "pin" responsibility on the SDA, while at the same time affirming that the deadline is not a "mere technicality".
The FWC has accepted a casual worker's five-weeks-late unfair dismissal claim after finding that the employer gave him the impression that his employment would continue pending an investigation, and then ignored any further contact attempts.
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.
