Browsing: Jurisdictional issues | Page 2 (467 items)




No autonomous "utopia" for contractors: FWC

Workers should not think that independent contractors operate in some "unbridled utopia, free from all direction and control", a senior FWC member has observed in tossing out a psychologist's general protections case.


Jackie 'O' stalker's reinstatement in doubt

The FWC has stopped short of reinstating a wharfie potentially not "in the right mind" when he resigned in 2024, after the tribunal became aware of his recent incarceration for stalking radio star Jackie 'O' Henderson.


FWC narrows "digital labour platform" definition

A senior FWC member has used a transcription service worker's unfair deactivation application to examine and narrow the legislative definition of "digital labour platform", finding an online business does not fall into the category because jobs are allocated by humans rather than algorithms.


"Embarrassingly poor" representation explains delay: FWC

A FWC presidential member has blasted the "exceptionally and embarrassingly poor" service provided by a law firm held responsible for filing a garbage collector's general protections matter 125 days' late.


Director quit to avoid fitness test: FWC

The Fair Work Commission has found the Department of Veterans' Affairs did not force an assistant director to resign during a fitness‑for‑duty process, concluding he chose to quit rather than risk an adverse assessment.


FWC's "limited" response to HR manager's suppression bid

The FWC's longest-serving member has provided a detailed exposition of the tribunal's approach to suppression orders, reinforcing that it is not merely about "public understanding" of her reasons for finding that an employer did not force an experienced HR manager to resign after less than five months in the job.


"Offboarded" worker allowed to pursue sacking claim

A worker has been allowed to proceed with an out-of-time unfair dismissal application after his employer failed to tell him he had been taken off the roster, "dangled" the prospect of future shifts in front of him for almost a year, and led him to believe he remained on the books.


FWC slams door on seconds-late applications

The FWC has emphasised its "high bar" for extending time, finding no basis to accept a general protections claim submitted at the last minute but received 16 seconds late, nor another lodged just four seconds beyond the 21-day statutory deadline.


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