Browsing: Jurisdictional issues (419 items)


Departmental move a transfer, not a dismissal: FWC

A former ATO director who claims sustained bullying and harassment forced her to move to the AEC has failed to establish it constitutes a dismissal, after she used the Public Service Act's voluntary transfer provisions.


Unfairly dismissed overseas paralegal wins $11,000 payout

The FWC has ruled that a law firm unfairly dismissed an underpaid paralegal working remotely from the Philippines, after it previously rejected the firm's claim that it had engaged her as a contractor.


Sacked Google engineer left searching for answers

A former Google software engineer who accused the tech giant's HR staff of bullying will not get to pursue it for adverse action after the FWC comprehensively rejected claims that two law firms and two barristers were to blame for a five-month delay in filing her case.


"Retention payment" doesn't count towards income cap

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".


Secret recordings lawful if solely to aid "recall": FWC

A worker's covert recordings of disciplinary meetings might have been lawful if he had only used them to "aid his recall", rather than submitting the audio and transcripts as evidence in his unfair dismissal case, the FWC has ruled.


HR manager cleared to contest "financial benefit" sacking

The FWC has extended time for a HR manager to challenge his sacking for allegedly tweaking his own contract, finding a union industrial officer's failed use of the federal election as a "mind memo" led to him lodging it two days late.


Academic's anti-woke crusade cut short by court

A judge has binned the $7.5 million lawsuit of an academic claiming his "oppressor characteristics" made him a victim of a university's diversity policies, observing that while he might have "a very legitimate gripe", industrial laws are not the platform to advance his crusade against "woke ideology".


Senior mine manager not award-covered: FWC

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.


"Wage loans" reduced pay below high income cap

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.


"Redundant" top performer replaced by tailender: FWC

The FWC has found a top sales operator made redundant the day before her parental leave started was in fact unfairly dismissed, with her employer apparently transferring into her role its lowest performer "by a significant margin".


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