Browsing: Jurisdictional issues | Page 22 (451 items)


Late application allowed after children's secrecy over sacking

The FWC has allowed a delivery driver's late unfair dismissal application to proceed after finding that his adult children kept news of his sacking from him over health concerns while he completed two weeks' hotel quarantine.


Twiggy's HR team used defunct email to sack worker

The failure of a major mining company's HR department to delete a worker's old email address despite constant reminders led to notice of his sacking remaining unopened for 20 days, the FWC has found.


NRL bubble no excuse for late application: FWC

An "overwhelmed" manager caught up in her husband's hurried relocation to an interstate NRL bubble has been refused a six-hour extension to contest her redundancy, despite the FWC finding she had an arguable case.


Claim proceeds after tribunal failed to send reminder

A senior FWC member has decided not to throw out a worker's unfair dismissal application on her own initiative after he was six minutes' late for a phone conference, failed to comply with directions and complained the tribunal ignored the "human aspect".


Police escort for lawyer claiming employee status

A graduate lawyer who proposed the terms of his legal supervision arrangement has failed to persuade the FWC he was an employee when the firm allegedly sacked him three times before having him escorted from its office by police.


No recusal for FWC member after "something fishy" claim

A senior FWC member has declined to step aside from hearing a resuscitated case involving the Commission's own email fail, covert recordings, a threat to kill and an alleged extortion attempt.


Tribunal chips "point-scoring" lawyers

The FWC has criticised the lawyers of an unfair dismissal applicant and his former employer for "point scoring" conduct falling foul of professional conduct rules, while rejecting the latter's costs bid and claim it did not sack the worker despite announcing his redundancy.



Manager's 10% pay cut was a dismissal: FWC

A decision by NSW Trains to discipline a manager by shaving almost 10% off his annual pay constituted a dismissal even though he remains in the job and such action is allowed by its agreement and governing regulations, the FWC has held.


Graduate's voluntary work at legal firm not employment: FWC

In a decision stressing the importance of distinguishing between internships, work experience and clerkships at law firms, a FWC senior member has rejected a recent graduate's unfair dismissal claim on the basis he was not an employee.


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