Jurisdictional issues page 7 of 25

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

FWC "misconstrued" approach to general protections cases: Full court

In a significant decision unsettling the FWC's approach to general protections applications, a full Federal Court has ruled that a Commission bench "misconstrued" limitations on the tribunal's powers to first establish whether workers have been dismissed before considering such matters.

Costs a matter of interpretation: Court

A labour hire company has failed to win costs against an unrepresented worker who pursued his unfair dismissal claim through four adverse findings in the FWC and Federal Court, a judge ruling that the employer didn't help its cause by declining to provide an interpreter and by filing confusing and irrelevant material.

Worker seeking to maintain JobKeeper cleared to challenge sacking

A casual waitress who filed an unfair sacking claim almost 50 days after her employer sent her a dismissal letter and removed her from JobKeeper does not need an extension as she was unaware of the development, the FWC has held.

Worker's post-dismissal mental state warrants extension: FWC

The FWC has granted a 55-day extension for a legally blind worker to challenge his sacking over a Facebook exchange after considering its effect on his mental state and his steps to obtain the assistance of disability and law advocates.

Application proceeds despite lawyers' email mix-up

Avoiding a need to consider an extension of time, the FWC has decided to waive the requirement for a former John Holland Group employee to strictly comply with lodgement rules after his lawyers sent his application to the wrong email address.

Political bias claim sustains shaky unlawful sacking case

The FWC has over a university's jurisdictional objections allowed a professional officer's largely "incompetent" unlawful dismissal claim to proceed, inviting him to re-submit an application confined to alleged discrimination on the basis of political opinion.

Compensation for manager "restructured" out of job

An employer that restructured a senior manager out of his job and did not consider him for a new role because its director considered him an underperformer must pay him almost $18,000, the FWC finding it was not a genuine redundancy.

FWC rejects "presumptuous" employer's bid to knock out claim

The FWC has slammed a "presumptuous" employer for taking up its time with a baseless late bid to have the tribunal throw out the unfair dismissal claim of a casual boxing trainer seeking compensation at the JobKeeper rate.