Jurisdictional issues page 6 of 36

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


FWC tells AWU to lift its game

The FWC has extended time by 48 days for a Qantas engineer to challenge his sacking after "particularly egregious" errors by the AWU, telling the union it should take immediate steps to ensure officials are equipped to provide a professional level of representation.

Adverse action case to proceed after departure gate dumping

The FWC has refused to throw out an allegedly out-of-time adverse action case, ruling a FIFO worker only learned he had been sacked when told he had been left off the list of passengers due to board a plane to the worksite.

FWC referring solicitor to Law Society for "nazi" accusation

A FWC full bench has rejected a solicitor's challenge to a $36,000 costs order and will report him to the NSW Law Society over his misconduct in accusing another tribunal member of being a "Nazi" and taking bribes.

Malware glitch warrants extending time: FWC

The FWC has granted an extension of time for a unfair dismissal application sent six days late because the worker's computer was infected with malware.

Overtime payments don't count towards earnings: FWC

The FWC has rejected an employer's claim that it should throw out an employee's unfair dismissal claim because his earnings exceeded the high-income threshold by almost $40,000.

Homeless worker wins extension

The FWC has granted an 18-day extension for a bin-hire worker to challenge her alleged sacking in light of evidence that her job loss left her homeless and that her limited technological skills scuttled several attempts to use her mobile phone to file her application.


HR manager's responsibility change not a constructive dismissal: FWC

The FWC has found that a HR manager who quit after her employer changed her responsibilities was not forced to resign, noting that although she had to report to a different manager, "a change in a reporting line does not constitute constructive dismissal".

Casuals not so easily "dispensed with": FWC

Casuals cannot be "dispensed with" simply by reducing their hours to zero, the FWC has ruled, clearing the way for a worker to proceed with his adverse action claim.

Bench rules pay below high-income threshold

A FWC full bench has dismissed an "unusual" unfair dismissal jurisdictional appeal, finding that a worker who took a pay cut due to his employer's financial struggles fell below the high income cap despite the company arguing that the Commission's compensation order proved his pay exceeded the threshold.