Jurisdictional issues page 19 of 37

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




Worker's post-dismissal mental state warrants extension: FWC

The FWC has granted a 55-day extension for a legally blind worker to challenge his sacking over a Facebook exchange after considering its effect on his mental state and his steps to obtain the assistance of disability and law advocates.

Application proceeds despite lawyers' email mix-up

Avoiding a need to consider an extension of time, the FWC has decided to waive the requirement for a former John Holland Group employee to strictly comply with lodgement rules after his lawyers sent his application to the wrong email address.

Political bias claim sustains shaky unlawful sacking case

The FWC has over a university's jurisdictional objections allowed a professional officer's largely "incompetent" unlawful dismissal claim to proceed, inviting him to re-submit an application confined to alleged discrimination on the basis of political opinion.

Compensation for manager "restructured" out of job

An employer that restructured a senior manager out of his job and did not consider him for a new role because its director considered him an underperformer must pay him almost $18,000, the FWC finding it was not a genuine redundancy.

FWC rejects "presumptuous" employer's bid to knock out claim

The FWC has slammed a "presumptuous" employer for taking up its time with a baseless late bid to have the tribunal throw out the unfair dismissal claim of a casual boxing trainer seeking compensation at the JobKeeper rate.

Pastor told to "repent" free to pursue unfair dismissal claim

A church has failed to persuade the FWC that a pastor was not an employee when he was given an ultimatum to "repent" or be "released" from his role, the tribunal finding that his regular salary and leave payments for full-time hours indicated the existence of a legal relationship.

Case proceeds despite worker's "repeated" no-shows

In a decision illustrating how much latitude the FWC is prepared to give unrepresented applicants, an employer has failed to have a former worker's unfair dismissal claim binned despite his "repeated failures" to attend conferences.