Case law page 116 of 146

1451 articles are classified in All Articles > Termination of employment > Case law


Notice of dismissal must provide "ascertainable date": Bench

An FWC full bench has ruled that when an employer dismisses a worker, it must give notice of the time when it takes effect, or an "ascertainable" date, finding that an organisation failed to meet statutory obligations when it informed an employee he would be sacked on the completion of dispute processes under its enterprise agreement.

Teacher acquitted of indecent assault wins job back

A Catholic school teacher sacked after being charged with indecent assault, of which he was later acquitted, has been reinstated after the FWC rejected the Sydney Archdiocese's argument that his automatic loss of clearance to work with children frustrated his employment.

FWC upholds sacking of worker who called managers "mercenaries"

The FWC has endorsed an ASU member’s dismissal for breaching his employer’s "respectful conduct" policy with his repeated aggressive and disrespectful behaviour towards its chief operating officer during bargaining for a new agreement.

Commission turfs out "death threat" worker's claim

A worker who partly blamed his two-years late unfair dismissal claim on a police investigation into alleged death threats he made after his sacking has failed to win an extension of time.

Big payout after employment contract repudiated

A court has awarded a professional employee almost $425,000 in damages for the repudiation of his employment contract by accountancy firm Crowe Horwath.


Another shot for worker who disobeyed armed hold-up protocol

An FWC full bench has quashed a ruling that upheld Woolworths' sacking of a petrol station employee for failing to follow its armed hold-up protocol when he refused to hand over money and cigarettes to an unarmed but "difficult" customer.


40+ employees "warrants" two HR roles, says FWC

An FWC member has observed that a business with more than 40 employees "is large enough to warrant a HR manager and a HR officer" in a case where an employer sought leave to challenge its own HR manager's recollection of events.

Legal centre manager reinstated after "capricious" ouster campaign

The long-serving 65-year-old manager of one of the country's largest non-profit community legal centres has won her job back, with a 20% pay hike, after the FWC found the organisation's management committee deliberately designed a restructuring process to scuttle her candidacy.