Jurisdictional issues page 6 of 36

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


Malware glitch warrants extending time: FWC

The FWC has granted an extension of time for a unfair dismissal application sent six days late because the worker's computer was infected with malware.

Overtime payments don't count towards earnings: FWC

The FWC has rejected an employer's claim that it should throw out an employee's unfair dismissal claim because his earnings exceeded the high-income threshold by almost $40,000.

Homeless worker wins extension

The FWC has granted an 18-day extension for a bin-hire worker to challenge her alleged sacking in light of evidence that her job loss left her homeless and that her limited technological skills scuttled several attempts to use her mobile phone to file her application.


HR manager's responsibility change not a constructive dismissal: FWC

The FWC has found that a HR manager who quit after her employer changed her responsibilities was not forced to resign, noting that although she had to report to a different manager, "a change in a reporting line does not constitute constructive dismissal".

Casuals not so easily "dispensed with": FWC

Casuals cannot be "dispensed with" simply by reducing their hours to zero, the FWC has ruled, clearing the way for a worker to proceed with his adverse action claim.

Bench rules pay below high-income threshold

A FWC full bench has dismissed an "unusual" unfair dismissal jurisdictional appeal, finding that a worker who took a pay cut due to his employer's financial struggles fell below the high income cap despite the company arguing that the Commission's compensation order proved his pay exceeded the threshold.

Sacked worker let down by IR advisor: FWC

The FWC has lamented the "failings" of an IR advisory business that wrongly told an on-hire worker to bring his general protections claim against his host employer.

BHP's education assistance excluded from engineer's earnings: FWC

BHP Minerals has failed to establish that almost $20,000 in education assistance it paid to a mining engineer pushed him above the high income threshold for unfair dismissal protection, after it chose not to exercise its right to recoup the payments.

No second chance after worker's unapproved leave

The FWC has refused to extend time for a worker sacked after he took unapproved leave to visit a sick relative overseas and filed his unfair dismissal application 15 days late.