Jurisdictional issues page 14 of 16

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

"Guaranteed" overtime pushes OHS advisor over unfair dismissal income cap

A health, safety and environment coordinator has failed to convince the Fair Work Commission that exceptions such as sick leave and inclement weather meant the overtime component of his salary was not "guaranteed" so should not disqualify him from unfair dismissal protection.

iCount: Tribunal values private use of tablet computer

The FWC has assessed the value of the private use of an iPad, in determining whether an employee's income exceeded the $133,000 income cap that applied to unfair dismissal claims until yesterday.

"Outbursts" by worker end hopes of contesting dismissal

A postal worker who engaged in "frightening and foul mouthed outbursts", including telling co-workers he would bring a samurai sword to work to attack colleagues rather than a gun, was unlikely to succeed with his unfair dismissal claim, the FWC has found.

Unfair dismissal round-up: Employer denied lawyer; and more

Employer can "effectively represent itself"; It's peculiar: Bench overrules refusal of name change; Employer pays for hitting snooze on investigation; Dating a no-no on employer phone, says FWC; and Hairdresser's evidence doesn't cut it.

32-second delay "exceptional": FWC

A sacked manager has won an extension of time for her late unfair dismissal claim, after the FWC accepted that her lawyer was responsible for lodging it 32 seconds after the 21-day cut-off.

Employer fails to prove "frustration" of employment contract

The Fair Work Commission has given a school religious education coordinator the green light to proceed with his unfair dismissal claim after his employer failed to establish that his employment ceased via the doctrine of frustration.

FWC "less than impressed" by employer's law firm

A senior FWC member has found that "extraordinary" circumstances justified the tribunal accepting a sacked employee's late unfair dismissal claim, while urging the employer to settle to avoid "further criticism and embarrassment for its conduct" and panning its law firm's role in the case.