Jurisdictional issues page 3 of 36

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


Sacked mine COO protected under Australian law: FWC

In a significant decision for Australian companies hiring workers overseas, the FWC has allowed an Argentina-based chief operating officer's adverse action case to proceed after finding the employment contract was formed when an email accepting the job offer was opened in Sydney.

Employer "planned" gay chef's harassment sacking: FWC

An "openly gay" head chef sacked for allegedly molesting female co-workers has won $16,000 compensation, after the FWC found it "more than coincidental" that his employer decided that s-xual harassment provided a valid reason for summary dismissal before it emailed employees a survey full of loaded questions.

Worker wins more time to contest "harassment" sacking

The FWC will consider the late unfair dismissal claim of a worker who believes his employer sacked him for alleged sexual harassment, after receiving evidence that five law firms rejected his case on one day alone.




Casual caught up in "pool cleaning" was sacked: FWC

A charity did not "intend" to sack a casual carer seeking to resume shifts after recovering from a back injury, but its dithering and poor communications nevertheless "had that effect", the FWC has found.

Blank form a valid application: Tribunal

In a significant decision on what constitutes a valid application, the FWC has allowed a general protections claim to proceed despite the worker submitting a blank form.

Failure to confirm dismissal counts against employer

The FWC has extended time for a worker to lodge an adverse action case after he mistakenly filed an unfair dismissal claim, finding his refusal to sign his employer's letter terminating his employment did not excuse its subsequent failure to provide written confirmation.

Stressed worker's resignation should have been questioned: FWC

One of the world's largest gold mining companies should have taken a worker's stress levels into account before accepting a resignation prompted by an allergic reaction to eating a cake's icing, the FWC has found.