Jurisdictional issues page 2 of 16

153 articles are classified in All Articles > Termination of employment > Jurisdictional issues


"Assumptions" undermine deed duress claim

In a case clarifying when an employee can claim they signed a deed of release under 'duress', the FWC has thrown out a director's unfair dismissal matter after finding he had ample opportunity to test his assumption that he would not be paid his entitlements if he did not put pen to paper.

Case filed on Labour Day public holiday within time: FWC

The FWC has held that although the cut-off date for a worker's unfair dismissal application fell on a NSW public holiday, when the tribunal's registries were open in other states, he did not need an extension to file it the next day.


Coles worker's adverse action claim to proceed: Bench

A casual Coles employee who worked his last shift in 2014 due to injury has been given the all-clear to pursue a general protections claim after an FWC full bench found he lodged his application within 21 days of his effective dismissal four years later.

Bench hears new push to find employment relationship at Uber

A former Uber Eats worker is today seeking to convince an FWC full bench that she is an employee because the gig economy giant exercised "practical control" over her, as it began hearing her bid to overturn an earlier ruling.


Repeated mobile use did not warrant instant sacking

A gym must compensate a martial arts instructor for taking the "unnecessarily harsh" step of summarily sacking him, despite the FWC finding it within its rights to give him his marching orders for constantly using his phone while supervising classes.

"Unidentifiable" consequences help post-midnight claim proceed

In a decision that potentially moves the dial on how much the 21-day deadline for unfair dismissal claims can be stretched, the FWC has in discerning no practical consequences granted an extension to a worker who lodged their form 29 minutes after midnight on a Friday.


Employees can't "demand" flexible work arrangements: FWC

While expressing sympathy for a receptionist forced to assume responsibility for her 11-year-old sister after their mother's death, the FWC has rejected her claim she was constructively dismissed when her employer refused to modify her hours and guarantee leave for school holidays.