Jurisdictional issues page 8 of 36

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


Harassment sacking not a case of "social origin" bias: Court

A court has tossed out a former accountant's novel claim that Bunnings' decision to dismiss him after discovering he had s-xually harassed a supervisor at a different job more than a decade earlier amounted to discrimination on the basis of "social origin".

S-x worker not an employee: FWC

The FWC has found in the absence of a written contract that a sex worker was an independent contractor rather than a casual employee before being dismissed in June for “unacceptable and threatening behaviour".



Worker still employed despite overshooting vax deadline: FWC

The FWC has declined to hear the unfair sacking case of a vaccinated worker who passed up "at least" eight chances to confirm her inoculation status before her employer dismissed then reinstated her within 48 hours.

Newsflash: Finding that Deliveroo rider an employee quashed

In a significant decision on the employment status of gig workers, a FWC full bench has quashed a ruling that Deliveroo delivery rider Diego Franco was an employee entitled to protection from unfair dismissal.

Tech start-up advisor an employee, FWC rules

In an important decision holding that a largely unpaid advisor was a tech start-up's employee rather than an independent contractor, the FWC has relied on the in-principle acceptance of his "far from comprehensive" proposal and the way in which the contract was performed.

Variable TOIL excluded from cap calculations: FWC

The FWC has found that unpredictable time in lieu should not be counted when determining whether a worker is excluded from making an unfair dismissal claim because their remuneration exceeds the statutory threshold.

No IR protections for sacked public health CEO: Court

A former public health service chief executive who claimed discrimination on the basis of "severe depression" has failed to overturn a tribunal's finding that it lacks the power to hear his bid for reinstatement and compensation.

FWC goes lunar in time-extension deliberations

A workplace tribunal member has philosophised about the sun and moon in considering whether to extend time for an unfair dismissal claim filed three days late.