Jurisdictional issues page 9 of 36

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


Variable TOIL excluded from cap calculations: FWC

The FWC has found that unpredictable time in lieu should not be counted when determining whether a worker is excluded from making an unfair dismissal claim because their remuneration exceeds the statutory threshold.

No IR protections for sacked public health CEO: Court

A former public health service chief executive who claimed discrimination on the basis of "severe depression" has failed to overturn a tribunal's finding that it lacks the power to hear his bid for reinstatement and compensation.

FWC goes lunar in time-extension deliberations

A workplace tribunal member has philosophised about the sun and moon in considering whether to extend time for an unfair dismissal claim filed three days late.

Mail redirection warrants extension to contest COVID-19 sacking: FWC

An AGL worker who refused to provide proof of being vaccinated against COVID-19 has won a time extension to contest her dismissal after the FWC accepted her application was delayed when the Commission redirected its mail from Perth to Melbourne.

Bargaining imbalance makes Uber driver deal unfair: FWC

A FWC decision rejecting an Uber driver's claim he was an employee but observing his relationship with the company could operate unfairly will strengthen calls for the Albanese Labor Government to move quickly to boost gig workers' rights, an IR academic says.

Rossato loomed too large in FWC ruling: Academic

A leading labour law academic has expressed concern that the High Court's recent Rossato ruling "unduly swayed" a senior FWC member who found a casual worker's contract helped establish she had no reasonable expectation of continuing employment, despite having worked every week for 14 months.

Employer's HR became reactive, haphazard at COVID-19's peak

In a ruling that shines a light on "haphazard" HR practices in Victoria's Health Department at the height of the pandemic, the FWC has rejected claims it did not sack a hotel quarantine worker and lambasted it for meeting production orders with redactions that rendered evidence meaningless.

FWC barred from hearing mask-averse worker's case: Bench

In a significant decision clarifying when the FWC can deal with unlawful dismissal matters, a four-member bench has upheld a finding that a bookstore worker alleging discrimination after being sacked for refusing to wear a mask needed to prosecute her case in court.