Jurisdictional issues page 7 of 36

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


Case filed after public holiday long weekend within time: FWC

The FWC has found that the Victorian lawyers for an ACT worker who lived in NSW made her unfair dismissal in time, after they delayed her application by three days because of public holidays and a weekend.

Removal from WhatsApp group roster a dismissal: FWC

Removing a gender-transitioning barista from a WhatsApp group roster system following a suicide attempt constituted dismissal, the FWC has held, clearing the way for her to pursue an adverse action case against her former employer.


Member's shortcut took the wrong course: Bench

A senior FWC member must reconsider an employer's jurisdictional objections to an unfair dismissal application in the correct sequence after a full bench found she leapfrogged several steps the first time around.


FWC urges union to move faster on unfair dismissal claims

The FWC has accepted that a senior software developer's unfair dismissal application was filed one minute late because of the "high risk" last-day strategy of a union lawyer laid low by nicotine withdrawal.

FWC rejects "evil purpose" behind lawyer's role

A senior FWC member has declined to recuse himself from hearing a primary school teacher's unfair dismissal case after rejecting the suggestion that the Education Department's lawyer, formerly an intern at a regulatory body he briefly headed up, had been chosen "to achieve the evil purpose of influencing" his deliberations.

Worker sacked over coronavirus jab gets day in court

The FWC has found that a worker sacked by the Ubuntu Church for obtaining a COVID-19 vaccination is an employee, clearing the way for her to pursue an unfair dismissal claim.

FWC has no stomach for lawyer's gastro excuse

A lawyer's failure to act with the "level of diligence and expertise required of a competent practitioner" caused a four-day delay in filing his client's unfair dismissal claim rather than the attack of gastroenteritis that ran through his family, the FWC has held.

FWC extends time for dismissal claim perceived as spam

The FWC has granted a worker an extension of time after its server "quarantined" his unfair dismissal claim email because of a "dangerous" attachment, but the Commission says that the issue will soon be remedied when it requires lodgement via an online form.