The FWC has cleared the way for a project manager to pursue his unfair dismissal claim after finding his retention payments do not push him above the high-income threshold as they are not "earnings".
The FWC has found that a mine superintendent who "supervised supervisors" is not covered by the professional employees award and his pay exceeds the high income threshold, rendering him unable to pursue his unfair dismissal claim.
The FWC has found that a company director fell below the high-income cap because he reduced his pay through "wage loans" when the business struggled and the loans amounted to debts rather than earnings, or payments that could not be determined in advance.
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.
