Browsing: Jurisdictional issues | Page 2 (444 items)


Employment law firm led client "astray"

The FWC has lambasted a law firm that over-ruled its client and filed her unfair sacking application in the wrong jurisdiction, then took an unreasonably long time to file it correctly, some 24 days late.


FWC denies chance to challenge AI-driven retrenchment

Fast-growing HR and recruitment platform Employment Hero made a senior technical writer redundant after it replaced the content he produced for its online "help centre" with "automated workflows and AI", but the FWC has declined to extend time to allow him to pursue his unfair dismissal claim.


"Inappropriate" Sorry Day conversation case to proceed

An employment service worker caught out by a legal technicality has won more time to challenge his sacking, which he links to an allegedly "inappropriate" workplace conversation after a Sorry Day event.


FWC applies "liberal" lens to Uber driver's work pattern

An Uber driver who varied his schedule slightly but worked every weekend until he filed his unfair deactivation claim clearly demonstrated "some form of repetitive pattern" and performed work "on a regular basis", the FWC has ruled.


Late filing allowed after "confusing" Amazon deactivation

An Amazon Flex driver's late bid to challenge his deactivation for entering a home can proceed after a FWC full bench weighed the gig company's "confusing and ambiguous" communications and the driver's personal circumstances that included suicidal ideation and a sick wife.


FWC bins "hopeless" ChatGPT application

In a case highlighting the "obvious danger" of relying on artificial intelligence for legal advice, the FWC has refused to extend time for a "hopeless" 900-day late dismissal challenge written by and filed on the suggestion of ChatGPT.


Gendered "microaggressions" did not force resignation: FWC

A former Matildas star and Olympian was not forced to resign from her job at a remote gas facility because of alleged "microaggressions" that included being assigned "non-complex work" and persistent references to "fellas" and "gents", the FWC has found.


Judge ejects from full bench after Saudi objection

Saudi Arabia's Australian cultural mission has succeeded in sidelining a Federal Court judge from sitting on a full bench that is reviewing whether it is protected by diplomatic immunity from underpayment claims brought by 45 former employees.


FWC bench sets out "proper approach" to dismissal cases

A FWC full bench has dived into the legislative intent behind several key Fair Work Act provisions to find that a presidential member should have determined whether Corrections Victoria "in fact" dismissed a prison officer when it demoted and transferred him, instead of making her extension of time decision on the "assumption" it sacked him.


Control key to finding s-x worker an employee: FWC

The FWC has found that a s-x worker is an employee rather than an independent contractor, because of the significant degree of control the employer exerted over her work, including requiring her to maintain an "immaculate" appearance with styled hair, make-up, lingerie and heels.


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