Case law page 27 of 40

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


Reinstatement after racist message due to "inexplicable" HR failings

The Reserve Bank must reinstate a senior network engineer who accidentally posted to a WhatsApp workplace group a racist message meant for his wife, the FWC finding its procedural failings despite HR expertise to be "simply inexplicable".

Profanities and "bloodshed everywhere" warning justified sacking

The FWC has upheld the sacking of a truck salesperson whose loud swearing was overheard by customers while already on a final warning for saying there would be "bloodshed everywhere" if his employer did not resolve his issues.

Sacked climate critic subject to conduct code: Full Court

An academic sacked after criticising climate research is considering a High Court challenge after a full Federal Court quashed a finding that James Cook University's code of conduct is "subordinate" to intellectual freedom protections.

FWC upholds sacking of traumatised whistleblower

The FWC has upheld Essential Energy's dismissal of a whistleblowing risk manager deemed unable to perform her job's inherent requirements after suffering PTSD and taking extended leave following a finding that she breached its code of conduct.

Tribunal lauds employer's handling of safety-shy worker

The FWC has upheld the "scrupulously fair" sacking of a second-in-charge installation worker over multiple safety breaches, including some so fundamental he should not have needed training to prevent them.

107-day hiatus granted until teenage witness finishes studies

The FWC has adjourned a dismissal case for at least 107 days so that a Catholic secondary school's "critical witness", the person purportedly "most affected and/or aggrieved" by the alleged conduct of a sacked teacher, can finish his final-year exams and turn 18 before giving evidence.

Order to complete COVID-19 survey a lawful direction

The FWC has upheld a recruitment company's dismissal of a consultant who refused, as the coronavirus pandemic escalated in early March, to complete a survey about his recent history of travel to destinations with moderate to high COVID-19 risks.


Nurse with hearing loss disadvantaged by rigid shift rules

NSW Health must compensate a registered nurse for lost shift penalties and refrain from rostering her on morning and night shifts after a tribunal found it indirectly discriminated against her on the basis of her hearing impairment.

Whistleblowing academic and university settle their differences

An academic who went public with concerns about international student admissions practices has dropped his adverse action claim against Murdoch University, which in turn has dropped its counter claim in a settlement hailed as a big win by the NTEU.