Jurisdictional issues page 14 of 36

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


"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.



Company car removal after 'roo strike a dismissal: FWC

In a decision exploring when employers can be said to have repudiated employment contracts, the FWC has ruled that a multinational dismissed a worker when it "unilaterally" withdrew his company car without compensation following a collision with a kangaroo.

FWC lands another jab for compulsory vaccinations

Employers operating in high-risk environments such as aged and child care have been given further confidence that they can force workers to immunise after the FWC today upheld the sacking of a long-serving care assistant who refused a compulsory flu shot on allergy grounds.

Invoicing no proof worker was a contractor, says FWC

A pick-a-box promoter working two-hour shifts was an employee capable of being dismissed despite being paid on the basis of "periodic" invoices that included her ABN, the FWC has held.