Jurisdictional issues page 25 of 25

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

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.

FWC finds cure for premature application

In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.

Employment contrary to Migration Act invalid, FWC rules

The Fair Work Commission has ruled that Subclass 457 visa holders cannot make legally binding employment contracts with employers that are not registered to sponsor them under the Migration Act.

FWC says not its job to determine jurisdiction in general protections matters

In a decision that has the potential to expand the number of general protections cases, a Fair Work Commission full bench headed by the president has ruled that the tribunal has no power to dismiss an application on jurisdictional grounds and must hold a conference once a claim has been lodged.