Jurisdictional issues page 5 of 36

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



FWC warns against "unwarranted hope" for ex-Uber drivers

A FWC member has stopped short of accusing a "lawyer" of peddling false hope among deactivated Uber drivers and riders while dismissing the latest of 50 near-identical unfair dismissal applications to land on her desk in the past six months.

FWC rejects "overly zealous" instructor's late application

A FWC member has put in a plug for a "likeable" casual ski instructor to be re-employed, despite rejecting his request for a time extension to challenge his sacking for allegedly competing in an obstacle race while drawing worker's compensation for an injury.

Manager "exploited" power imbalance with migrant employer: FWC

In a rare instance of the "power imbalance" between employer and employee being reversed, the FWC has found that a worker hired to help a migrant family earn a business visa by running a regional bakery unilaterally reduced his hours without cutting his pay.

Casual to challenge sacking despite "no expectation" contract

In a close analysis of what constitutes regular and systematic employment, a senior FWC member has held that a casual trolley collector met the minimum service period to allow him to pursue Bunnings for unfair dismissal, despite "unpredictable" shifts and a contract expressly stating he should not expect ongoing work or guaranteed hours.

Pending decision scrapped after worker's death

In a case expanding the circumstances under which the FWC will not publish a finding, the tribunal has rejected union arguments that it should release its decision so as to potentially "clear the name" of a former BHP worker who committed suicide after hearings into his unfair dismissal claim were completed.

Employers warned over redeployment "prejudices"

An employer has failed to establish that it genuinely made a software engineer redundant, in part because it should have offered her a lower-paying job available at a related entity in India.

Green light for 'retrenched' political candidate to sue investment bank

A NSW Greens candidate has won extra time to pursue an investment bank with a former Coalition IR Minister on its board, after it allegedly refused his parental leave application and retrenched him after he ran for local government and inquired about his rights.

FBT payments not earnings: FWC

The FWC has ruled that an employer's once-yearly payments to a worker to reduce his fringe benefits tax liability are not counted as earnings, clearing the way for him to pursue an unfair dismissal claim because his remuneration is below the high-income cap.

Bench refuses to spike unvaxxed worker's tardy dismissal claim

A NSW IRC full bench has quashed the rejection of an unvaccinated worker's bid for a one-day extension to challenge her sacking after a commissioner found it would cause prejudice and that she has little prospect of success, based on arguments her employer did not make.