The Fair Work Commission has dismissed the unfair dismissal claims of two highly-paid managers because their allowances elevated their remuneration beyond the high income threshold.
The CEPU's delay in raising a jurisdictional objection has thwarted its bid to recoup legal costs from an employee who pursued an unfair dismissal claim despite earning more than the salary cap.
In an important decision, a Fair Work Commission full bench has ruled that regular overtime can be classified as earnings when determining whether the remuneration of workers making unfair dismissal claims is below the statutory limit.