Jurisdictional issues page 15 of 16

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


Worker "misled" by two HR managers wins extension of time

The Fair Work Commission has granted a Coles store manager an extension of time to file his unfair dismissal claim after finding that he was misled into believing that the supermarket giant was investigating the termination of his employment.

FWC rejects one, but accepts another, out-of-time dismissal claim

In separate out-of-time rulings, the Fair Work Commission has rejected a sacked employee's challenge to when his dismissal took effect, but given another employee the benefit of the doubt on the "unreliability" of the tribunal's e-filing system.


FWC rules Target HR capability means no need for legal help; & more

Target has enough HR staff to not need legal representation; Data upload difficulties lead to time extension; Mental health provider given go-ahead to employ ATSI people only; Biggest ever electronic ballot gets go-ahead for DHS; and Former retail group head facing fraud charges.


Federal Court rejects Australia Post's p--n ruling challenge

Two Australia Post employees sacked for circulating p--nography in the workplace will keep their jobs after a full Federal Court ruled this morning that a FWC full bench made no errors in its decision to grant them leave to appeal a decision that upheld their dismissals.

Qantas worker's unfair dismissal claim not statute barred: Bench

An injured Qantas baggage handler who sought a review under state workers compensation law of a rehabilitation plan that would have transferred him to a new employer was not prevented by the Fair Work Act's "multiple actions" provisions from pursuing a federal unfair dismissal claim, a full bench of the FWC has ruled.

Secondment arrangement akin to labour hire: Bench

A Flinders University analyst who argued that she was dismissed to avoid an investigation of her workplace bullying allegations has failed to convince a Fair Work Commission full bench she should be able to appeal the rejection of her unfair dismissal claim.


Regular overtime should be counted as income: Full bench

In an important decision, a Fair Work Commission full bench has ruled that regular overtime can be classified as earnings when determining whether the remuneration of workers making unfair dismissal claims is below the statutory limit.