The FWC has held that a $1200 professional association membership is a not a non-monetary benefit that counts towards the high-income threshold for unfair dismissal claims.
The income and compensation caps for unfair dismissal claims are set to increase on Saturday, along with filing fees for a range of other applications.
The FWC has ruled that an employer's once-yearly payments to a worker to reduce his fringe benefits tax liability are not counted as earnings, clearing the way for him to pursue an unfair dismissal claim because his remuneration is below the high-income cap.
The FWC has rejected an employer's claim that it should throw out an employee's unfair dismissal claim because his earnings exceeded the high-income threshold by almost $40,000.
A FWC full bench has dismissed an "unusual" unfair dismissal jurisdictional appeal, finding that a worker who took a pay cut due to his employer's financial struggles fell below the high income cap despite the company arguing that the Commission's compensation order proved his pay exceeded the threshold.
A major mining company should have paid untaken sick leave to 20 retrenched employees, the Federal Court has ruled, in a judgment closely examining how the Fair Work Act's high-income threshold applies to annualised salaries.
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.
A business manager summarily sacked by her director husband soon after they separated has lost her bid to run an unfair dismissal case after her use of a new car to move interstate helped to nudge her over the high-income threshold.
The FWC has counted a Rio Tinto worker's $20,000-plus remote area travel allowance as earnings that pushed her total income beyond the $153,600 cap for unfair dismissal claims.
A marijuana-smoking supervisor who allegedly resigned after declining a drug test has had his unfair dismissal claim thrown out because a "project uplift" allowance of at least 25% counted as earnings that pushed him beyond the high-income threshold.
