Browsing: Jurisdictional issues (480 items)


Hatcher not convinced about geographical constraints

In a significant decision on the Fair Work Act's geographical reach, FWC president Adam Hatcher has questioned whether workers need to be both employed by an Australian company and perform work in the country before enjoying the legislation's protections.


Leasing director not award-covered: FWC

The FWC has rejected a highly-paid commercial leasing director's unfair dismissal claim, finding that while many of his duties aligned with a real estate award classification, his duties and responsibilities pushed him outside its scope.


"Doomed" Gen-AI claim attracts costs order

In what might be the first FWC costs order for failing to heed warnings against proceeding with AI-assisted cases afflicted by "unfixable" flaws, the FWC has taken the "very rare step" of ordering a worker to pay part of his former employer's costs of defending his "doomed" unfair dismissal claim.


Terminally-ill pilot did not "frustrate" contract: FWC

A cancer-stricken helicopter pilot who hadn't worked in more than three years still had six months of long service leave owing when sacked for supposedly "frustrating" his contract, the FWC has found.


Union anti-backpacker "campaign" got me sacked: Worker

The FWC has extended time for a rigger to pursue his alleged sacking because of a union campaign targeting "unskilled backpackers" who supposedly secured offshore jobs ahead of experienced gas and oil workers.


High Court rebuffs academic pay challenge; & more

High Court rebuffs academic pay challenge; "No guarantee" lawyers will respond before deadline, says FWC; ABC presenter free to contest sacking; and Bench rejects consolidation order appeal.


Decisions round-up: Costs against paid agent; & more

FWC to make rare costs order after drug dealing admission; Sacking over flight delay unfair; Text message proves worker resigned; and FIFO worker dismissed when employer stopped paying for flights.


AI hallucinations bedevil another FWC case

In another FWC case blighted by AI, a senior member has lamented the time wasted by tribunal staff and an employer as a result of a self-represented worker's citing of three supposedly pertinent decisions, two of them irrelevant and one that "simply did not exist".


One Nation staffer loses dismissal challenge

A FWC full bench has overturned a finding that PM Anthony Albanese's post-election decision to pare back One Nation's staffing allocation amounted to a dismissal.


Late application not apples: FWC

A senior FWC member has put Apple adherents on notice not to use its proprietary word processor Pages to file documents, observing that the tribunal has enough on its plate without wasting time "chasing down applicants" over inaccessible formats.


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