Jurisdictional issues page 9 of 36

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


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.



Communication of sacking can't be outsourced to cops: FWC

The FWC has cleared the way for a worker accused of "disruptive menace" and assaulting the chief executive to pursue a general protections claim against his former employer, holding it could not delegate to police the task of telling him he had been sacked.

Extension granted for nurse to challenge "charity" sacking

A nurse who is contesting her sacking for allegedly donating her employer's property to a charity has won an extension of time due to representative error, after her solicitor filed her unfair dismissal application five hours after the 21-day deadline.

Pay cut not a dismissal: FWC bench

In a significant decision regarding the statutory meaning of "dismissed", a five-member FWC bench majority has ruled that an employer did not sack a worker when it shaved almost 10% off his annual pay for disciplinary reasons.