Jurisdictional issues page 5 of 36

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



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.

Manager "exploited" power imbalance with migrant employer: FWC

In a rare instance of the "power imbalance" between employer and employee being reversed, the FWC has found that a worker hired to help a migrant family earn a business visa by running a regional bakery unilaterally reduced his hours without cutting his pay.

Casual to challenge sacking despite "no expectation" contract

In a close analysis of what constitutes regular and systematic employment, a senior FWC member has held that a casual trolley collector met the minimum service period to allow him to pursue Bunnings for unfair dismissal, despite "unpredictable" shifts and a contract expressly stating he should not expect ongoing work or guaranteed hours.

Pending decision scrapped after worker's death

In a case expanding the circumstances under which the FWC will not publish a finding, the tribunal has rejected union arguments that it should release its decision so as to potentially "clear the name" of a former BHP worker who committed suicide after hearings into his unfair dismissal claim were completed.

Employers warned over redeployment "prejudices"

An employer has failed to establish that it genuinely made a software engineer redundant, in part because it should have offered her a lower-paying job available at a related entity in India.

Green light for 'retrenched' political candidate to sue investment bank

A NSW Greens candidate has won extra time to pursue an investment bank with a former Coalition IR Minister on its board, after it allegedly refused his parental leave application and retrenched him after he ran for local government and inquired about his rights.