Jurisdictional issues page 9 of 16

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

IR commissioner exceeded powers in dismissal case: Bench

A rail employee denied reinstatement in part as a result of post-dismissal Facebook posts calling his employer a "bastard" and "criminal with stars" will have another shot at challenging his sacking, after a NSW court of appeal found the state IRC exceeded its powers.

Commission turfs out "death threat" worker's claim

A worker who partly blamed his two-years late unfair dismissal claim on a police investigation into alleged death threats he made after his sacking has failed to win an extension of time.

Multinationals' labour hire switch exposes "deficient" redeployment process

The FWC has identified "deficiencies" in management of redundancies by a mining services company that replaced its employee relief pool with on-hire workers, counselling that it should have given greater consideration to quarantining some positions for redeployees.

FWC extends time for worker hit twice by representative error

A Tiger Airways employee who claims he was sacked partly because of his age and his response to threats from the airline's chief pilot has won an extension of time to lodge a general protections claim because his legal representative wrongly made an unfair dismissal application.

Religious law has ultimate power in employment contract: Court

A Supreme Court has reaffirmed the force of religious laws within employment contracts, restraining administrators at a cash-strapped Sydney synagogue from dismissing a rabbi after finding that his engagement conferred lifetime tenure under Orthodox Jewish law.

Worker clears "high hurdle" for late dismissal claim

The FWC has found that a combination of three factors, including a "significant" mental illness, justified extending time for an unfair dismissal claim lodged 164 days late by a former Woolworths worker.

Reduction in rostered shifts adds-up to dismissal: Tribunal

An employer that took away most of a pregnant cashier's rostered shifts after $300 in shortfalls has been ordered to compensate her after the FWC ruled that the resultant 75% reduction in her pay amounted to a repudiation of her employment contract.

FWC condemns ski patroller to winters of discontent

The FWC has ruled that a major alpine resort did not dismiss a ski patrol team member who had a "long history" of "discontent" with the workplace when it sent him an email last year notifying him that he wouldn't be re-employed this winter.

Tribunal rejects restraint bid in bullying case

The FWC has refused to take the "extraordinary step" of temporarily restraining an employer from appointing an employee to fill the role of an allegedly bullied worker.