Jurisdictional issues page 1 of 26

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


Key question over amended contract not answered: Bench

For the second time in a month a FWC full bench has turned its mind to the fundamental question of the point at which a worker has been dismissed, overturning a decision that did not properly consider a disputed contract.

No silver lining for unvaxxed worker

The FWC has declined to extend time for an unvaccinated worker who claimed he lodged his claim late because of the theft of 45 one-kilogram silver bars from his home, while it has upheld a nursing home's sacking of a maintenance manager who failed to comply with a State Government inoculation mandate.

Bench ponders the meaning of "dismissed"

A five-member FWC bench has reserved its decision in a case with far-reaching implications regarding when workers can be said to have been dismissed.

"Extensive" domestic violence explained late claim: FWC

The FWC has provided a one-day extension of time to a worker who presented comprehensive evidence to support her argument that she ran late because she experienced "extensive" domestic violence that led to her being admitted to hospital.

CUB had right to resist reinstatement of on-hire worker: Full Court

A full Federal Court has dismissed an on-hire worker's bid to overturn a FWC ruling that it could not force a labour hire company to reinstate him to his former job at client CUB, upholding the tribunal's finding giving primacy to the host employer's right to determine who it allowed on its site.

Late application allowed after tardy HR advice

The FWC has extended time for a Victorian tram driver wrongly told he could use his employer's internal appeals process to challenge his sacking, with the advice not corrected by HR until a day after the tribunal's filing deadline.

End of road for unvaxxed worker who relied on Dean dissent

A worker dismissed for failing to meet his employer's COVID-19 inoculation deadline has failed to win an extension of time for his day-late dismissal claim, after he rushed to lodge it in the wake of the landmark Kimber full bench ruling three days before the 21-day-limit.

No redundancy cut for "assisting" job search: FWC

An employer has failed to persuade the FWC that "assisting" a worker in securing a job with the successful inheritor of a key contract was sufficient reason to reduce his redundancy payout.

Out of bounds: HR manager's late shot rejected

A veteran HR manager with extensive experience of the FWC's unfair dismissal jurisdiction cannot challenge her own ousting from a golfing peak body after a laptop malfunction pushed her application beyond the 21-day filing deadline.

Mining vax mandate; Rioters facing expulsion; & more

Vaccination mandate for WA resources sector; CFMMEU preparing to expel rioting members; FWO claws back underpayments for hotel quarantine security guards; High Court to consider jurisdictional question.