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1454 articles are classified in All Articles > Termination of employment > Case law


Compensation for youth worker sacked after vax reaction

A Victorian government youth justice worker sacked for not having further COVID-19 vaccination shots after reacting adversely to his first dose has won compensation, the FWC finding the department should have explored redeployment and reasonable adjustments.

FWC ejects "struggling" airline worker's case

A senior FWC member has thrown out an airline catering worker's dismissal dispute after finding a psychologist's assessment that a scheduled telephone hearing should be postponed due to his mental health did not warrant an adjournment.

No-nights nurse wins stay against sacking

The ANMF has won an interlocutory injunction stopping a hospital from dismissing a nurse over a health-related exemption from night shifts while she seeks to establish it is a reasonable adjustment or flexible work arrangement and that night work is not an inherent requirement of the job.

Hitler parody worker gets chance to recoup more lost pay

The creator of a Hitler parody video mocking BP's bargaining process who has already won $200,000 in compensation will get another shot at recouping extra pay he would have earned but for a revoked planned promotion, after a full bench rejected a finding that he is pursuing it by "stealth".

Worker compensated after alleged "unethical" request

The FWC has resisted speculating about whether an unvaccinated FIFO worker lost his job for refusing to "steal" a competitor's new product from a BHP mine site, but has nevertheless ordered his former employer to pay compensation after finding he could have been redeployed to its Perth workshop.

FWC urges union to move faster on unfair dismissal claims

The FWC has accepted that a senior software developer's unfair dismissal application was filed one minute late because of the "high risk" last-day strategy of a union lawyer laid low by nicotine withdrawal.

FWC rejects "evil purpose" behind lawyer's role

A senior FWC member has declined to recuse himself from hearing a primary school teacher's unfair dismissal case after rejecting the suggestion that the Education Department's lawyer, formerly an intern at a regulatory body he briefly headed up, had been chosen "to achieve the evil purpose of influencing" his deliberations.

BHP punted on-hire worker for exercising safety rights: Court

BHP Coal is facing penalties and compensation payments for unlawfully "demobilising" a labour hire truck driver shortly after she refused to dump a load in a poorly-lit area, while it is also accused of "sophistry" in arguing that she had not properly addressed its potential motives.


Worker sacked over coronavirus jab gets day in court

The FWC has found that a worker sacked by the Ubuntu Church for obtaining a COVID-19 vaccination is an employee, clearing the way for her to pursue an unfair dismissal claim.