Browsing: Jurisdictional issues | Page 2 (473 items)


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.




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.


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