Jurisdictional issues page 4 of 36

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



Reverend sacked over gay marriage stance not an employee: FWC

A Uniting Church reverend who received monthly payslips, superannuation contributions and Jobkeeper COVID-19 payments was not an employee capable of challenging his sacking for opposing same-s-x marriage, the FWC has found.

Remand period explained unseen letter axing worker: FWC

A senior FWC member in extending time by one day says a hospital security officer could not have been expected to ask a lawyer or psychiatrist he met while on remand to "trawl through his inbox" to find notification that he had been sacked.

Worker "hit submit" button before midnight deadline: FWC

The FWC has accepted a 48-seconds-late unfair dismissal claim from a worker convinced he filed it just before midnight on the last allowable day, after conceding that the tribunal's online processing quirks might have pushed it beyond the deadline.

"Subconscious bias" research not enough for recusal: FWC

A mechanic who overturned the rejection of his "late" unfair dismissal application has failed to convince a commissioner to recuse himself based on Australian Law Reform Commission unconscious bias research.


HR manager blocked from "retrospective" dismissal: FWC

The FWC has found that a company's failure to meet modern IR standards, including its HR manager's attempt to "retrospectively" dismiss a security investigator, provided the necessary exceptional circumstances to accept her late unfair dismissal application.


FWC warns against "unwarranted hope" for ex-Uber drivers

A FWC member has stopped short of accusing a "lawyer" of peddling false hope among deactivated Uber drivers and riders while dismissing the latest of 50 near-identical unfair dismissal applications to land on her desk in the past six months.

FWC rejects "overly zealous" instructor's late application

A FWC member has put in a plug for a "likeable" casual ski instructor to be re-employed, despite rejecting his request for a time extension to challenge his sacking for allegedly competing in an obstacle race while drawing worker's compensation for an injury.