Jurisdictional issues page 6 of 25

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


FWC accepts stressed WFH paralegal responsible for delay

The FWC has extended time for an employee sacked for allegedly persistently flouting a COVID-19 OHS plan, after it accepted her law firm's explanation that the stresses of working from home hampered the mental health of the paralegal responsible for lodging her claim.

Judge carpets "intransigent" federal agency

The Federal Circuit Court has criticised the Federal Department of Agriculture for taking a "belligerent", "intransigent course" in resisting an extension of time and seeking costs against a former employee despite her lawyers accepting full responsibility.

Bonus smokes supervisor's dismissal claim

A marijuana-smoking supervisor who allegedly resigned after declining a drug test has had his unfair dismissal claim thrown out because a "project uplift" allowance of at least 25% counted as earnings that pushed him beyond the high-income threshold.

"If only her solicitor had been as diligent": Bench

An FWC bench has on the basis of representative error allowed a late unfair dismissal application after noting how thoroughly the employee pursued her claim, remarking "if only her solicitor had been as diligent".

FWC rejects believer's bid to revive dead claim

A HR manager whose Christian faith led to him withdrawing an unfair dismissal claim after belatedly accepting he had been genuinely made redundant due to a coronavirus-related downturn has failed to win more time for a second application lodged upon learning new personnel had apparently filled his former role.

FWC extends time after "true hardship"

A senior FWC member has extended time for an unfair dismissal claim for a retail worker dealing with domestic violence, illness, homelessness and a lack of funds, acknowledging her "true hardship, genuine struggle the likes of which I do not often see".

Bench partially upholds disbarred lawyer's appeal

An FWC full bench has held that it is not empowered to rule on a disbarred lawyer's claim that a senior member is unfit to hold office, but has remitted his unfair dismissal case to another member after finding he was denied procedural fairness.


Redundancy genuine despite HR team's pratfalls

The FWC has accepted an employer's explanation that the "incompetency" of its HR team led it to advertising a redundant position less than two months later and subsequently inviting a former employee to "recommence" his role.

Missing dismissal email an "unexplained vagary of cyberspace": FWC

The FWC has reinforced the importance of dismissals being communicated face to face after finding that a worker's claim she never received an emailed termination letter had to be put down to an "unexplained vagary of cyberspace".