Mr Dhaval Brahmbhatt v Sydney Tools Pty Ltd [2023] FWC 1874 (31 July 2023) This case revolves around Mr. Brahmbhatt’s appeal for an extension of time to lodge a general protections application under section 365 of the Fair Work Act 2009 (Cth) FW Act (FW Act), after his unfair dismissal claim was ineligible. The delay…
Category: Recent Cases
Does an employment relationship exist even when no work is performed?
The Issues The case involves Ms. Sonia Argentier (the Applicant) filing an application under section 365 of the Fair Work Act 2009 (Cth) (the FW Act) with the Fair Work Commission (the Commission) to address a dispute regarding her alleged dismissal by City Perfume Retail Pty Ltd (the Respondent). The Applicant claims that her dismissal…
Employee dismissed for refusing to physically attend the workplace
Jason Lubiejewski v Australian Federal Police [2022] FWC 15 Mr Jason Lubiejewski (the Applicant) brought an unfair dismissal claim against his employer, the Australian Federal Police (the AFP), claiming that the AFP had failed to respond to his request for flexible work, and in particular, to his request to work from home full-time due to…
Can rolling maximum term contracts be deemed a dismissal when a new contract is not offered?
Published 8 October 2021 Michael Nasr v Mondelez Australia Pty Ltd [2021] FWC 2802 Mr Michael Nasr had been employed by Mondelez Australia Pty Ltd (Mondelez) for approximately 18 months. He worked in various roles during his employment. The parties entered into a new maximum term contract for each role, with eight maximum term contracts…
Extension granted for a late unfair dismissal application after children conceal their father’s dismissal
Published 23 September 2021 Halil Goren v Tradelink Pty Limited [2021] FWC 5386 Mr Goren was dismissed while he was overseas and his return flight to Australia was delayed due to COVID-19. Mr Goren’s children were made aware of the dismissal and decided not to tell him about it until he had completed his two…
Casual employee’s dismissal held to be unfair despite them not complying with company policies
Published 24 March 2021 Angele Chandler v Bed Bath N’ Table [2020] FWC 3706 (13 August 2020) A casual employee recorded conversations between herself and her managers without their knowledge or consent. The Court held that while the unauthorised recordings were a valid reason for dismissal, the employer did not know about the recordings at…