Recent Cases

Borderline personality-disorder and lack of understanding regarding tribunal processes were found to be reasonable explanations for delay

A prospective employer has failed to prevent a prospective employee from advancing a discrimination complaint after the Tribunal found the case was reasonably arguable and the applicant had a reasonable explanation for the delay as he suffered from borderline personality disorder and did not have a sophisticated understanding of the process as he was self-represented.

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Error of fact caused the Full Bench of the FWC to relist an unfair dismissal matter

On appeal the Full Bench of the Fair Work Commission have overturned an unfair dismissal decision. At first instance Commission Booth held, amongst other reasons, that the dismissal was unfair due to the employer not genuinely keeping an open mind when putting the allegations of misconduct to the employee. The Full Bench found this was an error of fact and has re-listed the matter to re-determine the matter.

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Dishonest behaviour excluded an employee from unfair dismissal remedy

A man who worked for the State Transit Authority was denied his appeal against the decision to dismiss him by the Industrial Relations Commission of New South Wales. The decision to uphold his termination was on the basis of the former employee’s lack of candour to his employer and to the Commission as well as his post-employment conduct on Facebook.

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An employer who dismissed a worker injured in a skydiving accident was granted permission to appeal based on an error of fact

The Fair Work Commission allowed an application to appeal a decision against Lion Diary and Drinks Milk Limited after they dismissed an injured worker. The Commission believed it was in the public’s interest to grant permission to appeal as the Deputy President may have made an error of fact.

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