Case law page 1 of 40

399 articles are classified in All Articles > Workplace policy > Case law


Criticising bosses on chat group a sackable offence: FWC

A supervisor's criticism of management in a social media group chat that "incit[ed] a negative and combative environment among the team", along with performance issues, provided a valid basis for dismissing her, the FWC has found.

FWC reflects on "window of currency" for valid sacking reasons

In a decision assessing how long a valid reason remains "current", the FWC has overlooked serious procedural deficiencies to back a landscaping business's summary sacking of a gardener almost two months after he called a colleague a "fat exploiter of foreigners".

Big penalty after employer's threats to kill workers' families

A massage business and its director must pay more than $2 million in fines and compensation after significantly short-changing temporary visa workers, subjecting them to a "cashback" scheme and threatening to kill their families if they blew the whistle.

Hairdresser's two-year restraint too long: Court

A court has found a low-paid casual hairdresser's two-year restraint on poaching clients "void and unenforceable" because it is "significantly longer" than necessary to protect her former employer's legitimate business interests, taking into account the absence of compensation for the non-compete clause and the nature of client relationships.


Compensation for worker sacked after big night out

An employer had insufficient evidence to support its sacking of a manager who consumed up to 15 standard drinks the day and evening before his 7am start, the FWC has ruled.

Banker having a lend on 100% WFH request: FWC

A bank manager has failed to establish that his employer lacked reasonable business grounds for refusing his request to work solely from home to aid his injured yoga instructor partner's recovery as she conducted 15 high-intensity lessons per week.

Payouts cut after workers refuse 100% WFH restructure

The FWC has reduced the redundancy entitlements of five former employees of online trading platform Bartercard after they refused new positions requiring them to work exclusively from home and to fork out the full cost of setting up an appropriate space.

Workplace standards now "even higher": FWC

In a decision warning that workplaces are "on notice" to meet far higher standards of behaviour, the FWC has thrown out the unfair dismissal claim of a veteran Alcoa worker held to have groped a female colleague.

Case underlines need for anti-violence policies: SafeWork NSW

Safework NSW is calling for employers to develop anti-violence policies and procedures to prevent or minimise workplace s-xual harassment and other forms of violence, following a court ordering Marist Youth Care to pay more than $400,000 in fines and costs after its workers experienced "s-xualised and aggressive behaviour".