Unfair dismissal/termination of employment page 11 of 109

1085 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Tribunal opts not to side-step Uber employment question

A senior FWC member has decided to forge ahead and determine whether a "deactivated" Uber driver is an employee, rejecting a bid to stay his unfair dismissal claim until the Federal Court tackles the question in a case he is pursuing with the Rideshare Driver Network.


Indemnity costs against worker who made "meritless" claim

The FWC has ordered indemnity costs against a financial advisor held to have pursued a "meritless" unfair dismissal application nine months after resigning and a vexatious appeal because he believed his former employer was backing out of a separation deal.

Graduate's voluntary work at legal firm not employment: FWC

In a decision stressing the importance of distinguishing between internships, work experience and clerkships at law firms, a FWC senior member has rejected a recent graduate's unfair dismissal claim on the basis he was not an employee.


Autism, custody dispute explain late application: FWC

A worker who says a custody dispute, a family death and high-functioning autism all contributed to his unfair dismissal application being late has won an extension of time to challenge his sacking.

FWC ends 10-year-old case despite worker's protests

A senior FWC member has declined to recuse herself before throwing out a decade-old unfair dismissal case that was put on ice indefinitely due to the worker's mental illness.

Mental health condition warrants extending time: FWC

An Uber driver accused of deliberately driving into a customer has won extra time to file an unfair dismissal claim after the FWC accepted suicidal ideation and mental incapacity following his shunting from the platform amounted to exceptional circumstances.


"Seems unjust", but worker two hours' short of protection: FWC

A small business that sacked a worker and sent him home less than two hours before he served the 12-month minimum employment period to qualify for unfair dismissal protection has successfully fended off his FWC claim.