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


Tribunal backs sacking of "allergic" worker who refused flu vax

The FWC has upheld the sacking of an aged care receptionist who refused a flu vaccination on the basis of a previous allergic reaction, finding her employer "objectively prudent" in refusing to let her work despite her doctor's contraindication form.

Ridd asserts his "overriding right" to criticise employer

An academic challenging his sacking for breaching his university's code of conduct when he denounced its climate change research will tell the High Court intellectual freedom provisions give him an overriding right to criticise his employer.

"Naïve" Facebook post insufficient reason for sacking: FWC

In a decision highlighting both the perils of "naïve" social media use and the incongruities of the JobKeeper program, the FWC has declined to award compensation to a teenage casual swim instructor unfairly sacked for recommending a rival business on a community Facebook page.


Trust loss after safety failure stymies reinstatement

An employer has convinced the FWC that a mineworker found to have been unfairly sacked over a safety failure should not be reinstated because it had lost trust and confidence in him.

Department must consult on dress standards, social media: FWC

The Department of Home Affairs has failed to convince the FWC it was not obliged to consult workers before introducing new policies governing social media use, interactions with children and a dress code deeming sleeveless clothing "unsuitable".

Court halts "discriminatory" Qantas pilot retirement

A Qantas international captain, in a case with some echoes of the landmark Christie case, has won an interim injunction to restrain what he claims is a discriminatory decision to dismiss him because he has turned 65 and can't meet his job's inherent requirements.

Fair to sack worker who refused flu vax: FWC

In a significant decision acknowledging the "scarce" guidance on compulsory workplace COVID-19 vaccinations, the FWC has upheld a big employer's dismissal of a childcare worker for refusing to take a free flu shot.

Backpayments for early-starting working mother

A tribunal has ordered the ACT Government to re-credit more than 200 hours of personal leave to a worker who accused it of discriminating against her on the basis of her parenting responsibilities by refusing to let her start work before 7.30am.

FWC shoots down COVID-19 "one employer policy"

The FWC has shot down an aged care home's "one employer policy" introduced in the chaotic early days of the COVID-19 pandemic, ordering it to re-engage a part-time musical therapist jettisoned after she continued to work at three other facilities.