Jurisdictional issues page 34 of 36

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


Auto-termination clause doesn't stop worker pursuing dismissal claim

A worker purportedly hired to work on a construction project until her demobilisation "automatically" terminated her employment was entitled to make an unfair dismissal claim, because she wasn't employed to perform a "specified task", an FWC full bench has found.

Full court overrules FWC bench on "drink-spiked" Qantas pilot

A full Federal Court has ruled today that an FWC full bench went beyond the boundaries of the tribunal's fast-track "permission to appeal" process, when it dealt with the "substance" of a sacked Qantas pilot's challenge to his dismissal.

Unfair dismissal round-up: Compensation for worker sacked for remark made in jest; & more

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.



Bench makes crucial ruling on child-related employment

An FWC full bench has ruled that a Catholic school religious education coordinator charged with criminal offences wasn't dismissed, because child protection legislation rendered "impermissible" his continued employment.


"Guaranteed" overtime pushes OHS advisor over unfair dismissal income cap

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.

iCount: Tribunal values private use of tablet computer

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.

"Outbursts" by worker end hopes of contesting dismissal

A postal worker who engaged in "frightening and foul mouthed outbursts", including telling co-workers he would bring a samurai sword to work to attack colleagues rather than a gun, was unlikely to succeed with his unfair dismissal claim, the FWC has found.