Jurisdictional issues page 9 of 37

The FWC has granted a worker an extension of time after its server "quarantined" his unfair dismissal claim email because of a "dangerous" attachment, but the Commission says that the issue will soon be remedied when it requires lodgement via an online form.

A court has tossed out a former accountant's novel claim that Bunnings' decision to dismiss him after discovering he had s-xually harassed a supervisor at a different job more than a decade earlier amounted to discrimination on the basis of "social origin".

The FWC has found in the absence of a written contract that a sex worker was an independent contractor rather than a casual employee before being dismissed in June for “unacceptable and threatening behaviour".

A childcare worker sacked for publicly criticising her director on a rostering app has been compensated by the FWC.

A FWC member wrongly concluded that he lacked the power to hear the case of a university employee sacked for refusing to comply with COVID-19 vaccination directions, a full bench has found.

The FWC has declined to hear the unfair sacking case of a vaccinated worker who passed up "at least" eight chances to confirm her inoculation status before her employer dismissed then reinstated her within 48 hours.

In a significant decision on the employment status of gig workers, a FWC full bench has quashed a ruling that Deliveroo delivery rider Diego Franco was an employee entitled to protection from unfair dismissal.

In an important decision holding that a largely unpaid advisor was a tech start-up's employee rather than an independent contractor, the FWC has relied on the in-principle acceptance of his "far from comprehensive" proposal and the way in which the contract was performed.

The FWC has found that unpredictable time in lieu should not be counted when determining whether a worker is excluded from making an unfair dismissal claim because their remuneration exceeds the statutory threshold.

A former public health service chief executive who claimed discrimination on the basis of "severe depression" has failed to overturn a tribunal's finding that it lacks the power to hear his bid for reinstatement and compensation.