Jurisdictional issues page 36 of 37

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


Employer fails to prove "frustration" of employment contract

The Fair Work Commission has given a school religious education coordinator the green light to proceed with his unfair dismissal claim after his employer failed to establish that his employment ceased via the doctrine of frustration.


FWC "less than impressed" by employer's law firm

A senior FWC member has found that "extraordinary" circumstances justified the tribunal accepting a sacked employee's late unfair dismissal claim, while urging the employer to settle to avoid "further criticism and embarrassment for its conduct" and panning its law firm's role in the case.


Worker "misled" by two HR managers wins extension of time

The Fair Work Commission has granted a Coles store manager an extension of time to file his unfair dismissal claim after finding that he was misled into believing that the supermarket giant was investigating the termination of his employment.

FWC rejects one, but accepts another, out-of-time dismissal claim

In separate out-of-time rulings, the Fair Work Commission has rejected a sacked employee's challenge to when his dismissal took effect, but given another employee the benefit of the doubt on the "unreliability" of the tribunal's e-filing system.


FWC rules Target HR capability means no need for legal help; & more

Target has enough HR staff to not need legal representation; Data upload difficulties lead to time extension; Mental health provider given go-ahead to employ ATSI people only; Biggest ever electronic ballot gets go-ahead for DHS; and Former retail group head facing fraud charges.


Federal Court rejects Australia Post's p--n ruling challenge

Two Australia Post employees sacked for circulating p--nography in the workplace will keep their jobs after a full Federal Court ruled this morning that a FWC full bench made no errors in its decision to grant them leave to appeal a decision that upheld their dismissals.