Case law page 25 of 145

1445 articles are classified in All Articles > Termination of employment > Case law


Harassment sacking not a case of "social origin" bias: Court

A court has tossed out a former accountant's novel claim that Bunnings' decision to dismiss him after discovering he had s-xually harassed a supervisor at a different job more than a decade earlier amounted to discrimination on the basis of "social origin".

Firefighter reinstated after refusal to provide vax proof

The FWC has reinstated a firefighter who refused to provide proof of his COVID-19 vaccination status while on leave, observing that his employer failed to properly read a response indicating he was inoculated before taking a "well-worn disciplinary path" towards dismissal.

S-x worker not an employee: FWC

The FWC has found in the absence of a written contract that a sex worker was an independent contractor rather than a casual employee before being dismissed in June for “unacceptable and threatening behaviour".

FWC asked to ignite slow-burning BHP negotiations

The CFMMEU's mining division has asked the FWC to intervene after almost two years of fruitless bargaining for enterprise agreements covering internal labour hire companies run by BHP's Operations Services.

Sacking backed for FIFO worker given marriage ultimatum

The FWC has acknowledged both the work/family difficulties faced by remote workers and employers' challenges in managing employees scattered across the country in upholding the dismissal of a FIFO mine worker sacked for abandoning his employment after he left work without approved leave and failed to provide a return date.

FWC member slams "reckless" anti-vax representative

A senior FWC member has lambasted an "incompetent" and "belligerent" representative involved in numerous challenges to vaccination-related dismissals, bemoaning that a regulatory gap prevented him from awarding costs against the offending individual.

Rehearing for worker sacked after non-existent policy breach

A foreign exchange dealer sacked after unwittingly becoming entangled in a $23,000 fraud will have his unfair dismissal case reheard after a FWC bench agreed a tribunal member found him in "serious breach" of a company policy that did not exist.

Fingerprint expert reinstated after fall-out from husband's affair

A Victorian Police fingerprint expert has been reinstated after the FWC found her dismissal for "deceitfully" calling her detective husband's ex-lover during work hours both disproportionate and harsh in terms of its financial impact.

Mask failure did not justify summary sacking: FWC

An employer had no basis for summarily dismissing a real estate employee who tested positive for COVID-19 five days after ignoring directions to wear a mask when inspecting the property of an aged care worker, the FWC has found.

Sacked safety manager alleges "covert influence" of CFMMEU

A court has rebuffed a safety manager's attempt to unearth physical evidence that Watpac sacked him as a result of union pressure rather than for allegedly instigating anonymous threats to a CFMMEU delegate and his partner.