Jurisdictional issues page 1 of 22

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





Member lacked power to pull rug on dismissal case: Bench

A presidential member denied an unfair dismissal applicant a fair hearing when he threw out his case for want of prosecution without a formal request from the employer, a FWC full bench has ruled.

Casual sacked after forced choice between employers: FWC

A casual cook has been cleared to contest her dismissal after the FWC found she was caught between the competing interests of two workplaces in responding to the Victorian Government's single employer directive at the height of that State's COVID-19 outbreak.


Worker should have raised concerns with HR, investigator: FWC

In throwing out a constructive dismissal claim, the FWC has rejected a former Westpac employee's allegation that a "complicit" bank executive undermined the legitimacy of an investigation that exposed "kickbacks" she received for referring customers to an external broker.

FWC loses patience with tenuous unlawful dismissal case

Observing that "you can only 'lead a horse to water' so many times", the FWC has after nearly a year dismissed what it described as a former university employee's largely incompetent unlawful dismissal claim.

FWC bench spells out prerequisites for legal representation

An FWC full bench has clarified the preconditions for employers being granted legal representation, rejecting a presidential member's opinion that jurisdictional questions are inherently complex and dismissing "bare assertions" about an HR team's incapacity to contest a case.

Test case looms on mandatory vaccinations

In a case likely to be closely watched by employers considering mandatory coronavirus vaccinations, the FWC will probe whether Ozcare unfairly sacked a long serving care assistant who refused a compulsory flu shot on allergy grounds, while the Commission has also weighed-in on the contentious issue of compulsory jabs for Santas.