Jurisdictional issues page 8 of 36

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


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.

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.