Your employer did not give you reasons for your dismissal at work. Your friend has encouraged you to engage with Fair Work Commission for legal help. Following the lodgement of documents, the Fair Work Commission informs you that your former employer has raised a jurisdictional objection.
This article will define what a jurisdictional objection is and the circumstances where it can be raised by your employer.
What is a Jurisdictional Objection?
Jurisdictional objections refer to the Fair Work Commission’s limit in powers to hear and review unfair dismissal claims. Put simply, if an employer believes that the Commission does not have jurisdiction, they are able to lodge an objection. It’s important to note that lodging an objection does not disqualify your unfair dismissal application.
What are the Grounds for Jurisdictional Objection?
There are 6 common reasons why your former employer may lodge a jurisdictional objection:
- You lodged your unfair dismissal claim more than 21 days after the dismissal occurred
- Your contract with your employer did not specify you are an employee. This means that independent contractors and volunteers are not able to lodge an unfair dismissal claim.
- You resigned from your position
- Your position was genuinely made redundant
- You were not employed for the minimum amount of time
- You earnt more than the high-income threshold during your employment.
It is important to be aware that each of the above circumstances consists of different criteria’s that must be met before a valid claim can be made. For instance, a jurisdictional objection can only be raised if you are not under a Modern Award wage. Therefore, you should consult a lawyer to review your employment agreement and ensure that you do not fall under potential grounds for jurisdictional objection.
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What happens after a Notice of Jurisdictional Objection has been Received?
The Commission will send you and your former employer a Notice of Listing with a location and a date of the hearing. Further, this notice will inform you of the steps to file written arguments and supporting evidence to the ground of objection that is in question. Evidence can range from pay slips, termination letters or employment agreement. On the day of the hearing, you will need to present your argument. Subsequently, the Fair Work Commission will make a decision based on the arguments and evidence presented. If the matter proceeds to be of a valid jurisdiction, that is, the Commission does have power to hear the unfair dismissal claim – the claim will be scheduled at a later date.
Additionally, there are some instances where the jurisdictional objection and the unfair dismissal claim will be both heard in the same hearing. It is important to contact the Fair Work Commission if you are unsure.
Final Thoughts
Jurisdictional objections are raised by an employer and heard by the Fair Work Commission to determine whether they can hear your matter. Before you lodge a claim, you should consult with a legal professional to make sure you’re eligible. An unfair dismissal claim can be successful, but only if you are aware of the grounds on which it can be dismissed.
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