Jurisdictional issues page 28 of 37

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


Court to rule whether FWC captured by Royal Commissions Act

Sacked NUW NSW official Nick Belan has today continued his challenge to the FWC's ability to rely on evidence given to royal commissions, urging a full Federal Court to treat the tribunal like a court and find that it should not have been able to uphold his sacking on the basis of admissions made in 2015.

HR manager's 'ice' accusation not behind dismissal: FWC

An HR manager made redundant less than three months after accusing his managing director of using company funds to pay for a methamphetamine addiction was not unfairly dismissed, the FWC has found.

Landmark gig economy cases up in the air

The voluntary administrators of food delivery business Foodora Australia Pty Ltd say the process will give the company "essential breathing space", which includes a statutory stay on landmark legal proceedings testing whether its riders are employees or contractors.


Lawyers under supervision are employees, tribunal rules

A WA law firm will have to defend a restricted legal practitioner's underpayment and unfair dismissal claims after it failed to convince the state's IRC that he was an independent contractor, with the tribunal finding that only common law employees can be engaged in such roles.



FWC imposes stringent conditions on employer's legal representation

A senior FWC member has approved an employer's request for legal representation in a dismissal case, but not before requiring hearings be conducted in private, that he be free to provide "appropriate" guidance to the unrepresented former worker, and that he retain the power to revoke permission if the lawyer complicates proceedings.

HR expert's "incorrect" advice to wife scuttles dismissal claim

A health care clinic manager has failed to persuade the FWC that her HR-expert husband's representative error and the so-called "reverse synergy effect" resulting from her son’s concurrent unfair dismissal claim explained her application arriving 32 days' late.