Jurisdictional issues page 1 of 25

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

"Emphatic" rejection of case no basis for costs: Judge

Coles has failed to win more than $25,000 costs sought against an experienced Indian lawyer who unsuccessfully spent almost two years trying to challenge his sacking from one of its supermarkets while qualifying to practice in Australia.

HR failed to flag obligations to injured worker: FWC

The FWC has awarded compensation to a sacked childcare worker after noting the "disturbing" failure of a company's HR department to inform the chief executive of protections for employees forced to take time off due to illness or injury.

Law clear about decisions on the papers: FWC bench

An employer will get another chance to argue that it did not dismiss a worker after a four-member FWC bench determined that the company's jurisdictional objection should not have been decided on the papers.

Late application allowed after children's secrecy over sacking

The FWC has allowed a delivery driver's late unfair dismissal application to proceed after finding that his adult children kept news of his sacking from him over health concerns while he completed two weeks' hotel quarantine.

Twiggy's HR team used defunct email to sack worker

The failure of a major mining company's HR department to delete a worker's old email address despite constant reminders led to notice of his sacking remaining unopened for 20 days, the FWC has found.

NRL bubble no excuse for late application: FWC

An "overwhelmed" manager caught up in her husband's hurried relocation to an interstate NRL bubble has been refused a six-hour extension to contest her redundancy, despite the FWC finding she had an arguable case.

Claim proceeds after tribunal failed to send reminder

A senior FWC member has decided not to throw out a worker's unfair dismissal application on her own initiative after he was six minutes' late for a phone conference, failed to comply with directions and complained the tribunal ignored the "human aspect".

Police escort for lawyer claiming employee status

A graduate lawyer who proposed the terms of his legal supervision arrangement has failed to persuade the FWC he was an employee when the firm allegedly sacked him three times before having him escorted from its office by police.

No recusal for FWC member after "something fishy" claim

A senior FWC member has declined to step aside from hearing a resuscitated case involving the Commission's own email fail, covert recordings, a threat to kill and an alleged extortion attempt.

Tribunal chips "point-scoring" lawyers

The FWC has criticised the lawyers of an unfair dismissal applicant and his former employer for "point scoring" conduct falling foul of professional conduct rules, while rejecting the latter's costs bid and claim it did not sack the worker despite announcing his redundancy.