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FWC permits dismissal claim against deregistered company

After confirming a company's deregistration is no barrier to determining an unfair dismissal claim, the FWC has found the sacking complied with the small business dismissal code but has referred "questionable practices" to the ATO and Home Affairs.

COVID-crunched employer wins 70% discount on redundancies

A pandemic-affected employer has succeeded in having redundancy payments to four workers slashed by almost 70%, the FWC finding its perilous cash position and obligation to remaining employees outweighed the impact on the quartet.

Lawyer's admission fails to win extension for worker

In a significant decision considering representative error, a solicitor has failed to convince the FWC that his miscalculations in filing a late unfair dismissal application justified an extension, after the worker waited 15 days to confirm she wanted to proceed.

"Inappropriate" Salvos worker fails to win time extension

A Salvation Army recruitment agency worker accused of threatening to break colleagues' fingers if they adjusted the air conditioning has failed to convince the FWC that her stress disorder and a delayed dismissal letter justified an extension of time.

Members should hold unions to same standards as lawyers: FWC

Members who pursue unfair dismissal applications through their union should expect the same expertise and professionalism as would be provided by a lawyer, the FWC has found in granting an extension of time due to representative error.

Big miner penalised after HR manager's "opaque" evidence

A judge has highlighted an HR manager's "opaque" attempts at explanation in deciding to fine mining giant Glencore for failing to pay a retrenched employee his full entitlement for untaken long service leave.


SDA failed to act in sacked member's best interests: FWC

The FWC has today upbraided the SDA for its poor management of a conflict of interest at failed retailer Harris Scarfe, when the union's national executive decided to delay filing a member's unfair dismissal claim to avoid jeopardising the company's sale and preserve 1200 jobs.

Bad rap for "cowboy" boss HR couldn't corral

An HR manager unable to influence the "cowboy behaviour" of her employer has helped the FWC establish that he falsified an email to paint as a redundancy his sacking of a manager who complained about his brother.