Jurisdictional issues page 1 of 13

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


Adverse action case revived after judge jumps gun on costs

The self-described former general manager of a "car solutions" company has been given another opportunity to pursue an adverse action claim after the Federal Court found a lower court judge denied him a procedurally fair hearing while also ordering he pay unsought legal costs.

"Severe reaction" to sacking excuses late filing: FWC

In a decision clarifying the degree to which workers can rely on their state of mind to justify late applications, the FWC has granted an extension to a cleaner "incapacitated" by stress after making serious allegations about her former colleagues.


Compensation based on "barest of evidence": FWC bench

An FWC full bench has thrown out a $40,000 compensation order made against an employer found to have unfairly dismissed a worker, ruling that a senior member erred in failing to categorise it as a small business.

Employer hit with costs after spurning "parasitic" settlement offer

A Canadian company must pay party-party costs after failing to seek advice from Australian employment law experts in contesting a former Sydney-based project manager's unfair dismissal claim, its chief executive instead rejecting a settlement offer as "parasitic and disgusting".

Worker's ostrich-like approach defeats extension bid

The FWC has refused to grant a 1383-day extension to a casual Coles employee who was notified of his dismissal almost two years after working his last shift in 2014 but failed to contest it in time because he "put his head in the sand".

IR advice business attracts FWC's ire

The FWC has speculated that the ACCC might have grounds to look into the practices of employment advisor Unfair Dismissals Direct after appraising its role in a late unfair dismissal application accepted out of time.


Casual worker questions see big employer granted legal assistance

A large employer has for the second time in a year successfully argued that disposition of a matter before the FWC would be best served by it being permitted to engage an external lawyer to argue against a self-represented worker, given its admitted lack of expertise in IR matters.