A sacked nickel mine employee has crept in under the high-income threshold for unfair dismissal protection after the FWC found it could not include in his remuneration the $6,000-a-year death cover premium paid by his employer.
Unfair to sack supervisor for remark made in jest; FWC grants legal representation for case to be heard on "less emotive" basis; Employer's appeal against domestic violence sacking rejected by full bench; High-earning BHPB "number two" not protected from unfair dismissal; HR business partner's $138,000 salary exceeds high income threshold; Tribunal rejects sacked worker's bid for reimbursement of counselling costs; Ranger dismissed because contract ran out, not whistleblowing; and FWC "draws the line" on "meandering" unfair dismissal claim.
A health, safety and environment coordinator has failed to convince the Fair Work Commission that exceptions such as sick leave and inclement weather meant the overtime component of his salary was not "guaranteed" so should not disqualify him from unfair dismissal protection.
The FWC has assessed the value of the private use of an iPad, in determining whether an employee's income exceeded the $133,000 income cap that applied to unfair dismissal claims until yesterday.
The Fair Work Commission has dismissed the unfair dismissal claims of two highly-paid managers because their allowances elevated their remuneration beyond the high income threshold.
The CEPU's delay in raising a jurisdictional objection has thwarted its bid to recoup legal costs from an employee who pursued an unfair dismissal claim despite earning more than the salary cap.
In an important decision, a Fair Work Commission full bench has ruled that regular overtime can be classified as earnings when determining whether the remuneration of workers making unfair dismissal claims is below the statutory limit.
