Jurisdictional issues page 3 of 36

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


Work "trial" did not signal start of continuous service: FWC

The 12-day gap between a concreter's two-day "trial" and starting full-time work did not count as "continuous" employment, leaving him just shy of the statutory minimum necessary to challenge his dismissal, the FWC has found.

Vaccination refusal not a repudiation of contract: FWC

Australia’s largest family-owned office supplies company unfairly sacked an account manager when it claimed she repudiated her contract by refusing to get a COVID-19 jab, the FWC has found.

Worker's failure to heed FWC's "important note" scuttles court case

A court has refused to grant a self-represented on-hire worker a second extension of time to pursue his "confusing" adverse action case, finding too many gaps in his explanation for a 10-week delay during which he badgered the FWC to arbitrate the matter and travelled overseas.

Sacked mine COO protected under Australian law: FWC

In a significant decision for Australian companies hiring workers overseas, the FWC has allowed an Argentina-based chief operating officer's adverse action case to proceed after finding the employment contract was formed when an email accepting the job offer was opened in Sydney.

Employer "planned" gay chef's harassment sacking: FWC

An "openly gay" head chef sacked for allegedly molesting female co-workers has won $16,000 compensation, after the FWC found it "more than coincidental" that his employer decided that s-xual harassment provided a valid reason for summary dismissal before it emailed employees a survey full of loaded questions.

Worker wins more time to contest "harassment" sacking

The FWC will consider the late unfair dismissal claim of a worker who believes his employer sacked him for alleged sexual harassment, after receiving evidence that five law firms rejected his case on one day alone.




Casual caught up in "pool cleaning" was sacked: FWC

A charity did not "intend" to sack a casual carer seeking to resume shifts after recovering from a back injury, but its dithering and poor communications nevertheless "had that effect", the FWC has found.