Jurisdictional issues page 31 of 37

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


Reduction in rostered shifts adds-up to dismissal: Tribunal

An employer that took away most of a pregnant cashier's rostered shifts after $300 in shortfalls has been ordered to compensate her after the FWC ruled that the resultant 75% reduction in her pay amounted to a repudiation of her employment contract.

FWC condemns ski patroller to winters of discontent

The FWC has ruled that a major alpine resort did not dismiss a ski patrol team member who had a "long history" of "discontent" with the workplace when it sent him an email last year notifying him that he wouldn't be re-employed this winter.


Tribunal rejects restraint bid in bullying case

The FWC has refused to take the "extraordinary step" of temporarily restraining an employer from appointing an employee to fill the role of an allegedly bullied worker.

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.