Jurisdictional issues page 32 of 37

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


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.

Court rejects ex-teacher's discrimination claims over confidential deed

A Sydney independent ladies' college did not unlawfully discriminate against a teacher when she "retired" from her job following an "incident", despite claims she suffered a psychological disability that rendered her incapable of agreeing to a confidential settlement with the school.

Sacked employee on overseas assignments not labour hire: court

The FWC has rejected an employer's jurisdictional objections to hearing the dismissal appeal of an employee over the high-income cap who worked on overseas assignments, finding that while he fell outside the enterprise agreement he was covered by the industry award.



Employer sacked teachers charged with abuse: Court

A full Federal Court has found a Catholic employer terminated the employment of a school coordinator who had been charged over indecent assault of a minor, opening the way for him to pursue his unfair dismissal claim in the Fair Work Commission.


Compensation discounted by $1100 after abusive text; & more

Compensation discounted for sending abusive texts; "Chronic" mental health issues don't warrant extension of time; IT consultant not an independent contractor, says FWC; and Airport trips not private travel.