Jurisdictional issues page 21 of 36

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


Lawyer's advocacy "masterclass": FWC

In what stands as a tribute to the qualities the FWC looks for in employers' legal representatives, an experienced tribunal member has praised a senior associate for "a masterclass in the art of advocacy" that avoided bamboozling or belittling an unrepresented bus driver.

Assaulted worker should have returned to job: FWC

The FWC has upheld a company's claim that despite its two principals physically assaulting a worker and engaging in angry exchanges with him, it did not sack him.

High-earning manager can't contest sacking: FWC

A senior manager on a $240,000 annual remuneration package has failed to convince the FWC he is an award-covered employee protected from unfair dismissal.

Claimant's death leaves executors to discontinue matter: FWC

In a decision clarifying how the FWC deals with unresolved matters in which the applicant has died, the tribunal has wound up a 20-month-old unfair dismissal case after determining that only executors of a claimant's estate can discontinue it.



Casual's 100-day-late general protections claim to proceed

A casual worker has won an extension of more than 100 days to file a general protections claim after the Federal Circuit Court found he reasonably acted on incorrect FWO advice and filed his claim in the wrong court.

Worker offered free legal advice in tribunal balancing act

A senior tribunal member has taken the rare step of steering an unfair dismissal claimant towards the FWC's free legal advice service as a means of counterbalancing any "potential prejudice" arising from his decision to allow an employer to be represented.

Combination of five factors adds up to exceptional circumstances: FWC

The FWC has granted a two-day extension for an aged care worker to file her unlawful dismissal claim after finding the combined circumstances - including the Christmas Eve deadline, her worsening bipolar disorder symptoms and the anniversary of her mother's death - to be exceptional.

R&R counts towards minimum employment period: FWC

A casual FIFO worker has been cleared to pursue an unfair dismissal claim despite the employer arguing that half of his seven months with them was taken up with unpaid R&R.