Jurisdictional issues page 26 of 36

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


In-sourced worker cleared to pursue dismissal claim

Toll's failure to specify that it would not recognise a worker's prior service with a labour hire company has left it open to his unfair dismissal claim, with the FWC finding he met the minimum employment period as the transfer of his work established a connection between his new and old employer.

Big employer with "lean" HR allowed to use external lawyer

A member of a "very large" employer's six-strong "lean" HR team has convinced the FWC that complex argument over whether a sacked self-represented worker is an employee or contractor justifies external legal representation.

Don't mistake us for a Royal Commission: FWC

The FWC has rebuffed a security worker's claim that his former employer misrepresented its headcount to deny him protection from unfair dismissal, pointing out that it is not the Commission's job to conduct a "fact-finding" mission into each individual's status.



'Outsourcing' definition cruels worker's dismissal claim

In a case traversing the thorny issue of recognising prior service when bringing casual labour hire in-house, the FWC has found a worker didn't qualify for unfair dismissal protection because his previous arrangement was not genuine outsourcing.

Bench quick to dismiss rabbi's seven-year-late application

An FWC full bench has refused a rabbi leave to appeal a decision rejecting his third set of unfair dismissal proceedings against his past employer, on the basis it was seven years out of time and had no prospect of success.

Lawyer's admission weakened jurisdictional argument: FWC

In a decision closely examining the circumstances under which casuals satisfy minimum employment periods, the FWC has found a solicitor's admission that he didn't prepare well for a competitive hiring process contributed to leaving him one month short of being protected from unfair dismissal.

Court to rule whether FWC captured by Royal Commissions Act

Sacked NUW NSW official Nick Belan has today continued his challenge to the FWC's ability to rely on evidence given to royal commissions, urging a full Federal Court to treat the tribunal like a court and find that it should not have been able to uphold his sacking on the basis of admissions made in 2015.

HR manager's 'ice' accusation not behind dismissal: FWC

An HR manager made redundant less than three months after accusing his managing director of using company funds to pay for a methamphetamine addiction was not unfairly dismissed, the FWC has found.