Browsing: Jurisdictional issues | Page 7 (444 items)


Family deaths explain late applications: FWC

The FWC has granted separate extensions of time to two workers challenging their dismissals, after attaching significant weight to the deaths of close family members.


Agent's modem mishap explained late application: FWC

The FWC has extended time by seven hours for a care worker to lodge her unfair dismissal claim after a loose power cord stymied a paid agent's "imprudent and careless" late night filing efforts.


Labour-hire a "risk shifting exercise": FWC

The FWC has noted the proliferation of a business model serving as a "risk shifting exercise" for host employers, in rejecting a labour hire worker's unfair dismissal claim.



English skills a valid factor in HR manager's redundancy: FWC

The FWC has accepted that a company made a HR manager redundant on her return from parental leave due to her discomfort with interviewing English-speaking job candidates and downsizing directions from its Chinese head office, rather than her status as a new mother.


Former Greens party director cleared to contest sacking

The FWC has cleared the way for the ACT Greens' former party director to challenge his sacking after rejecting the organisation's jurisdictional objection that his brief term failed to meet the statutory minimum employment period for workers at small employers.


Late application can't be "pinned" on union: FWC

A Coles worker sacked for "interacting" with shoplifters in defiance of company policy has had her one-minute-late adverse action application binned, after the FWC rejected her bid to "pin" responsibility on the SDA, while at the same time affirming that the deadline is not a "mere technicality".


"Uncertain" dismissal date excuses late claim

The FWC has accepted a casual worker's five-weeks-late unfair dismissal claim after finding that the employer gave him the impression that his employment would continue pending an investigation, and then ignored any further contact attempts.


Struggle to obtain law-flouting employer's ABN excuses delay

The FWC has extended time for a worker's unfair dismissal claim by 24 days because his employer, which "flouted its legal employment obligations and ignored the FWO", withheld his payslips and employment contract, preventing him from identifying the entity that employed him.


Questionable drug sacking enough to win extension

The FWC has granted a worker a one day extension for his unfair dismissal claim due to the merits of his case, after he alleged his employer summarily dismissed him for a positive drug test taken during a period of annual leave, when its zero tolerance policy would not apply.


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