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


Employer could not have provided greater procedural fairness: FWC

The FWC has praised the CSIRO's approach to the dismissal of a scientist accused of threatening students he supervised, describing him as a "peddler of false allegations" who sought to characterise almost every interaction with a superior as bullying.



Tribunal delivers brutal takedown of government agency sacking

In a warning about the myriad ways disciplinary investigations can go wrong, the FWC has rejected virtually every finding a large government agency relied on to sack an experienced rail employee who described his dismissal meeting as a "Pearl Harbour" moment.

Dishonesty valid reason for delegate's dismissal

After the FWC reinstated one of two truck driver TWU delegates involved in a punch-up, it has now upheld Toll's dismissal of the second driver because he lied during its investigation – a reason not relied on by the employer.

Wharfies should have heeded health chief's COVID advice: FWC

The FWC has found the MUA should have followed the NSW chief medical officer's advice to return to the docks after OHS representatives issued a "cease work" order in response to wharfies contracting COVID-19 in the early stages of the pandemic.

Full court majority backs coercion call, despite procedural flaws

A full Federal Court majority has found a judge did not deny a building contractor procedural fairness by failing to put it on notice before declaring it breached non-pleaded coercion provisions, during a meeting with undertones of The Godfather.


Policy left employer with no choice but to sack worker: Bench

A SA youth worker sacked after he was deemed "psychologically unsuitable" has failed to overturn a finding that his employer had no option because of the job's inherent requirement that he pass the psychometric test.