Jurisdictional issues page 11 of 36

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


Bench ponders the meaning of "dismissed"

A five-member FWC bench has reserved its decision in a case with far-reaching implications regarding when workers can be said to have been dismissed.

"Extensive" domestic violence explained late claim: FWC

The FWC has provided a one-day extension of time to a worker who presented comprehensive evidence to support her argument that she ran late because she experienced "extensive" domestic violence that led to her being admitted to hospital.

CUB had right to resist reinstatement of on-hire worker: Full Court

A full Federal Court has dismissed an on-hire worker's bid to overturn a FWC ruling that it could not force a labour hire company to reinstate him to his former job at client CUB, upholding the tribunal's finding giving primacy to the host employer's right to determine who it allowed on its site.

Late application allowed after tardy HR advice

The FWC has extended time for a Victorian tram driver wrongly told he could use his employer's internal appeals process to challenge his sacking, with the advice not corrected by HR until a day after the tribunal's filing deadline.

End of road for unvaxxed worker who relied on Dean dissent

A worker dismissed for failing to meet his employer's COVID-19 inoculation deadline has failed to win an extension of time for his day-late dismissal claim, after he rushed to lodge it in the wake of the landmark Kimber full bench ruling three days before the 21-day-limit.

No redundancy cut for "assisting" job search: FWC

An employer has failed to persuade the FWC that "assisting" a worker in securing a job with the successful inheritor of a key contract was sufficient reason to reduce his redundancy payout.

Out of bounds: HR manager's late shot rejected

A veteran HR manager with extensive experience of the FWC's unfair dismissal jurisdiction cannot challenge her own ousting from a golfing peak body after a laptop malfunction pushed her application beyond the 21-day filing deadline.

Mining vax mandate; Rioters facing expulsion; & more

Vaccination mandate for WA resources sector; CFMMEU preparing to expel rioting members; FWO claws back underpayments for hotel quarantine security guards; High Court to consider jurisdictional question.

Email to defunct address did not alert worker to sacking: FWC

A worker accused of flying into a fit of rage and damaging a room during a disciplinary meeting can challenge his sacking, after the FWC held it took effect when he received the dismissal letter via registered post, not when it was emailed or relayed by a TWU organiser.

"Emphatic" rejection of case no basis for costs: Judge

Coles has failed to win more than $25,000 costs sought against an experienced Indian lawyer who unsuccessfully spent almost two years trying to challenge his sacking from one of its supermarkets while qualifying to practice in Australia.