Notice page 2 of 4

38 articles are classified in All Articles > Termination of employment > Notice

Tribunal refuses to extend time despite representative error

The FWC has refused to extend time for an unfair dismissal claim lodged five days late by a pro bono solicitor found to be "primarily responsible" for the delay, ruling that the worker knew the 21-day limit applied and should have followed it up with his representative.

Bench seeks feedback on award notice provisions

In one of the first extended discussions about the capacity to include incidental matters in modern awards, the FWC has called for further submissions on how or whether to incorporate a standard clause that would permit employers to deduct up to five weeks pay when employees quit without giving sufficient notice.

No compensation for manager who lied on CV, damaged business

The FWC has ruled that an organisation's failure to provide notice to a poorly-performing finance manager rendered her dismissal unfair, but has refused to order compensation because she "deliberately deceived" it about her qualifications.

Notice of dismissal must provide "ascertainable date": Bench

An FWC full bench has ruled that when an employer dismisses a worker, it must give notice of the time when it takes effect, or an "ascertainable" date, finding that an organisation failed to meet statutory obligations when it informed an employee he would be sacked on the completion of dispute processes under its enterprise agreement.

Couple working from home employees, not entrepreneurs: Court

A court has found a husband and wife who performed largely home-based clerical work exclusively for one business before their services were further outsourced were employees rather than contractors because the company had an "undoubted authority to control" the relationship.

FWC upholds sacking for abusive emails

As Murdoch University continues to press for termination of its enterprise agreement, its lawyers say an FWC decision upholding the sacking of an employee who used his work email to send abusive messages to the ABS illustrates the deal's outdated provisions.

Dispute pushed worker beyond qualifying period

The FWC had found that an unresolved dispute extended a worker's employment beyond the six month qualifying period for protection from unfair dismissal.

FWC rejects Howard-backed unionist's appeal

An Australia Post employee who two decades ago won the support of then shadow IR minister John Howard in postal union elections has failed to win his job back after an FWC full bench rejected his appeal.

Court makes important ruling on "reasonable notice"

A court has made it clear that employers can be obliged to provide reasonable notice beyond requirements in the NES, in an adverse action case triggered by a general manager's sacking for comments about a major client's pregnant wife that "when you have a baby your wife is ripped from asshole to c--t and it never looks the same again".