Jurisdictional issues page 13 of 36

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


Manager's 10% pay cut was a dismissal: FWC

A decision by NSW Trains to discipline a manager by shaving almost 10% off his annual pay constituted a dismissal even though he remains in the job and such action is allowed by its agreement and governing regulations, the FWC has held.

Graduate's voluntary work at legal firm not employment: FWC

In a decision stressing the importance of distinguishing between internships, work experience and clerkships at law firms, a FWC senior member has rejected a recent graduate's unfair dismissal claim on the basis he was not an employee.

Autism, custody dispute explain late application: FWC

A worker who says a custody dispute, a family death and high-functioning autism all contributed to his unfair dismissal application being late has won an extension of time to challenge his sacking.

Mental health condition warrants extending time: FWC

An Uber driver accused of deliberately driving into a customer has won extra time to file an unfair dismissal claim after the FWC accepted suicidal ideation and mental incapacity following his shunting from the platform amounted to exceptional circumstances.


"Seems unjust", but worker two hours' short of protection: FWC

A small business that sacked a worker and sent him home less than two hours before he served the 12-month minimum employment period to qualify for unfair dismissal protection has successfully fended off his FWC claim.

Sacking claim proceeds after HR manager "strung out" review

A defence contractor's people and culture manager "strung out" a worker who sought a review of his redundancy before finally confirming the employer's view was unchanged half an hour after the deadline for filing an unfair dismissal claim, the FWC has found.

Employment relationship not broken by resignation: FWC

A five-day hiatus between resigning from a fixed-term position and re-starting the same job on a casual basis did not break the minimum employment period necessary for a worker to challenge her dismissal, the FWC has found.


Change award to curb "excessive litigation": Bench

An FWC full bench, in overturning a finding that the engineers, scientists and IT professionals award does not apply to an LNG consultant, has suggested reviewing its coverage provisions after "excessive litigation" to establish whether it covers unfair dismissal applicants.