Browsing: Jurisdictional issues (467 items)


FWC member takes aim at "inconsiderate" applicant

In a sign of the FWC's growing frustration with not just the number of applications flowing across its desk but the prevalence of applicants dropping off the map, a member has lamented a worker's "disconcerting" failure to engage with the tribunal and the concomitant waste of valuable "time and resources".


Long walk to farm gate not a resignation: FWC

In a decision highlighting the need to confirm an employee's intentions before taking an ambiguous or emotionally charged exchange to be a resignation, the FWC will continue hearing a farm hand's unfair dismissal case after rejecting the employer's argument that he quit of his own volition.


Sacked umpires free to return serve: FWC

A barrister who moonlights as an umpire can proceed with her general protections claim against Tennis Australia after the FWC determined that TA employed her as a casual when it blocked her access to tournaments for allegedly breaching undertakings to never criticise its management of the sport.


Demotion, transfer amounted to sacking: Bench

A FWC full bench has ruled that Corrections Victoria dismissed a prison officer when it demoted and transferred him, clearing the way for him to proceed with his unfair dismissal claim.


Union's tardy legal advice explains late application: FWC

A sacked crane driver can proceed with his late dismissal challenge after the FWC found the blame lay squarely with his union for belatedly obtaining legal advice about which jurisdiction to file it in.


Australian-made: Kiwi able to make anti-sacking claim

The FWC has found that an employee of an Australian company who lives and works in New Zealand can bring an unfair dismissal claim, because the employer received his emailed contract acceptance in Victoria.


11-day gap scuttles HR manager's case

A HR/IR manager who resigned briefly before taking up a casual position with the same employer has fallen short of the minimum period for pursuing an unfair dismissal case, despite assurances her continuity of employment would be preserved.



Case against major franchisor to proceed

An alleged whistleblower's explosive allegations against franchising business Jim's Group may be headed for hearing, after a court gave him an extension of time and let him file an amended claim.


Law firm's "incompetence" led to delay

The FWC has blasted a law firm's "bad decision" or "incompetence", after it filed an unfair dismissal application 38 days late.


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