Jurisdictional issues page 10 of 16

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


Sacked manager's awkward day at work fails jurisdictional hurdle

A bank manager who turned up for work five days after being fired with immediate effect has had her unfair dismissal claim rejected on the basis that she fell marginally short of the minimum six month employment period required by the Act.


Redundancies not genuine when workers reject pay cut: FWC

The FWC has thrown out an employer's argument that a "wide view" of the Fair Work Act allowed it to make four safety officers working on the Gorgon LNG project redundant when they refused to accept a 13% pay cut.


High earning "director" can pursue unfair dismissal claim

The FWC has given the go-ahead for the regional director of a multibillion dollar real estate business to pursue his unfair dismissal claim despite earning well above the income cap, because his duties established he was in fact an award-covered sales representative.

Extension after Cyclone Debbie "Act of God"

The FWC has extended time for an employee who claimed "force majeure" and an "Act of God" after Cyclone Debbie and representative error delayed lodgement of her unfair dismissal application.

Tribunal refuses "Rolls Royce" costs claim

The FWC has refused an employer's application to recoup its costs of defending an unfair dismissal claiming, noting the employer incurred its "unreasonable" $10,000-plus bill because its chose a law firm that provided a "Rolls Royce service".


Representative error "amplified" by advocate's failures: FWC

The FWC has highlighted that an employee with no legal qualifications or background in IR who won an extension of time for her unfair dismissal claim "provided the sole information" to the tribunal about representative error, despite the presence of her advocate at a hearing.

Dispute pushed worker beyond qualifying period

The FWC had found that an unresolved dispute extended a worker's employment beyond the six month qualifying period for protection from unfair dismissal.