Case law page 21 of 40

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




"Invasive" urine-sample demand reasonable: FWC

The FWC has upheld the dismissal of an "intransigent" sales employee who declined on "medical" grounds to comply with her employer's lawful and reasonable direction to supply a urine sample for a random drug and alcohol test.

I wouldn't be facing sack if female: Manager

A Viva Energy manager who claims a female colleague sexually harassed him after he took her back to his hotel room while she was intoxicated is accusing his employer of discriminating against him, as it would not consider sacking him if he was a woman.

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.

FWC backs Qantas grounding of over-age flight crew

The FWC has upheld the dismissal of two Qantas pilots unable to fly internationally after turning 65, drawing parallels with the tribunal's retirement policy while finding it might have been "considerate" to keep them in the departure lounge while they awaited a move to short-haul.

Judge's reasons "a disordered stream of consciousness"

A full Federal Court has ordered a retrial of a recruitment company employee's adverse action case, finding a Federal Circuit Court judge failed to provide adequate reasons for throwing it out.

Lecturer wins 'cancel culture' appeal

In a significant ruling on academic free speech, a university lecturer has been given a second chance to challenge his sacking for superimposing a swastika on an Israeli flag after a full Federal Court found insufficient weight had been attached to an agreement's 'intellectual freedom' clause.

Air traffic operator's 'policy' arguments don't fly: Court

The Federal Court has for the second time this month found that government-owned Airservices Australia failed to meet agreement obligations to consult over changes affecting air traffic controllers, despite its "valiant" attempt to distinguish between 'policies' and 'procedures'.

Reinstatement for worker made an "example"

The FWC has redrawn an employer's "line in the sand" over the use of mobile phones while driving forklifts, ordering it to reinstate and compensate a worker after concluding he was harshly sacked for a first safety policy breach.