Jurisdictional issues page 1 of 11

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

Canadian "contractor" who flew south an employee, says FWC

A Sydney-based Canadian paid a regular monthly untaxed figure in US dollars by a Calgary-headquartered company for which he agreed to act as an independent contractor has had his unfair dismissal claim upheld, with the FWC finding he was not genuinely retrenched.

Foodora ruling unlikely to disrupt disrupters: Academic

The FWC's landmark ruling that a former Foodora rider was an employee is unlikely to have implications for other major gig economy platforms like Uber and Deliveroo, according to leading IR law academic Andrew Stewart.

Foodora rider an employee: FWC

In a landmark decision that will send tremors through the gig economy, the FWC has found that a former Foodora rider was an employee capable of being sacked, rather than an independent contractor as held by the delivery platform.

Workers still confused about general protections claims: FWC

A senior FWC member has highlighted continuing difficulties faced by unrepresented applicants in distinguishing between the unfair dismissal and general protections jurisdictions, allowing a casual worker's claim to proceed despite him filing it a week late.

Labour hire company sacked worker rejected by host: Bench

Labour hire company Spinifex Recruiting has again come under fire for its reliance on a "misnamed" temporary employment agreement, with an FWC full bench rejecting its argument that it did not dismiss a casual worker because its client merely exercised its discretion to terminate her assignment.

Demotion amounted to dismissal: FWC

The FWC has held that a supervisor's demotion to a job "on the tools" with a 9% pay cut was in fact a dismissal, rejecting employer submissions that it was allowed under his contract or via a "notorious" unwritten term.

FWC takes big swing at "unprofessional" lawyers

A tribunal member has strongly rebuked a legal firm for its "unprofessional" behaviour in missing a deadline to file material, lamenting that unlike golf tee times, FWC directions cannot be changed "at a whim".

In-sourced worker cleared to pursue dismissal claim

Toll's failure to specify that it would not recognise a worker's prior service with a labour hire company has left it open to his unfair dismissal claim, with the FWC finding he met the minimum employment period as the transfer of his work established a connection between his new and old employer.

Big employer with "lean" HR allowed to use external lawyer

A member of a "very large" employer's six-strong "lean" HR team has convinced the FWC that complex argument over whether a sacked self-represented worker is an employee or contractor justifies external legal representation.

Don't mistake us for a Royal Commission: FWC

The FWC has rebuffed a security worker's claim that his former employer misrepresented its headcount to deny him protection from unfair dismissal, pointing out that it is not the Commission's job to conduct a "fact-finding" mission into each individual's status.