Jurisdictional issues page 20 of 37

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



"Manipulation" risk in reversing virus pay cut: FWC

An employer that cut a manager's wages by 15% due to COVID-19, but then restored her old rate when it made her redundant, has failed to establish that her pay exceeded the high-income threshold because to do otherwise would allow "manipulation" to deny her the chance to challenge her dismissal.

"Impracticability" of sanitising a koala led to redundancy: FWC

The "obvious impracticability" of sanitising a koala helped to justify a pandemic-affected wildlife sanctuary's decision to make redundant a worker responsible for co-ordinating photographs of visitors holding its main attraction, the FWC has found.

Director counted-in as dismissal case waved through

The FWC has allowed a worker to proceed with her unfair dismissal case after it found that counting the employer's director and company secretary lifted numbers above the 15-employee threshold that excludes small businesses.

Senior tribunal member rejects ex-lawyer's "blatant bias" claim

A senior FWC member has declined to recuse himself from hearing an unfair dismissal case brought by a disbarred lawyer who accused him of "blatant bias" and having a "sweet little racket" bullying unrepresented workers.

Tribunal rejects former lawyer's bid to block legal representation

An employer has won permission to have a legal representative defend an unfair dismissal case in the face of opposition from a sacked former employee who failed to disclose he is a highly-experienced lawyer disbarred after a conviction for s-xual assault.

Sacked public servant "misled" by government website

An FWC presidential member has taken a swipe at a "misleading" state government website for wrongly convincing a public servant that the federal tribunal was the right forum in which to contest her dismissal.

"Admonished" for wearing fast-fashion shoes, sacked lawyer claims

The FWC has agreed to hear a senior public sector lawyer's claims he was denied pay rises after being "admonished" for wearing Zara brand shoes, despite a court finding his employer conducted two procedurally fair investigations before sacking him for misconduct.


Late claim allowed after FWC "system delay"

A tribunal member has determined it would be an "overly formal" exercise of the FWC's powers to bin a late unfair dismissal claim after the applicant was belatedly informed she had filed an incomplete form.