Case law page 143 of 145

1446 articles are classified in All Articles > Termination of employment > Case law


Federal Court rejects bid to overturn delegate's reinstatement

The Federal Court has dismissed a stevedoring company's challenge to the interim reinstatement of a MUA delegate, despite acknowledging the company's belief that the orders undermined its authority to manage workplace bullying and harassment.


Regular overtime should be counted as income: Full bench

In an important decision, a Fair Work Commission full bench has ruled that regular overtime can be classified as earnings when determining whether the remuneration of workers making unfair dismissal claims is below the statutory limit.

No mistakes in doctor reinstatement ruling, tribunal bench finds

In a long-running case with numerous twists and turns, an unfairly dismissed anaesthetist has again failed to win his job back after a Fair Work Commission full bench ruled there were no errors in Deputy President Val Gostencnik's decision that Barwon Health's loss of trust and confidence in him made reinstatement inappropriate.

FWC bench backs sacking of social media policy objector

A warehouse worker who claimed Linfox's social media rules infringed his "freedom of speech" has failed to overturn a ruling that his dismissal for repeated disregard of the company's policies was not unfair.

Appeal court upholds $1.6m payout to sales director

A finance company has failed to overturn an order to pay $1.6m in damages to a sales director it initially dismissed on notice and then purported to summarily sack for allegedly sexually harassing a subordinate.

Repeat abuser loses dismissal case

The Fair Work Commission has rejected an unfair dismissal claim by an overweight forklift driver after it found he had abused his managers after having received a final written warning for similar behaviour six months earlier.

Victoria might seek to halt ambos' action; RBA says wages "subdued"; & more

Victoria will seek to terminate ambulance action that affects community safety; RBA says wages subdued; WPI growing at slowest recorded pace; Discipline policy overrides custom: decision upheld; Up to $7 trillion of super could fund infrastructure growth by 2030: report shows; Vale Kathrine (Kath) Nelson; and Correction to article about WA minister.


Bench makes important ruling on legal representation

A Fair Work Commissioner was wrong to give the Tax Office permission to be represented by a solicitor but not a barrister, but a full bench has denied the NSW Bar Association leave to appeal against the representation ruling because the ATO admitted it did not adversely affect its case.