Case law page 36 of 145

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


Law student's challenge to COVID-19 sacking binned

The FWC has thrown out an unfair dismissal case brought by a law student sacked from a full-time job as a legal assistant for failing to get a COVID-19 jab, finding she did not complete the required minimum employment term after taking time off to sit exams.

Pandemic no "shield" for employer's late wages: FWC

The FWC has refused to accept the pandemic as an excuse for an employer's late payment of wages over a six-month period, agreeing to consider a worker's general protections application on the basis that the delays left him with no choice but to resign.

Threatened after chasing commissions: Claim

A foreign-owned private golf club and its multi-millionaire owner are being sued by a former sales representative who claims her pursuit of underpayments led to a warning that it would "end badly" for her if she travelled to China.

Bench backs "unorthodox" approach to harsh sacking

In a significant ruling on dismissals deemed harsh by the FWC, a full bench has endorsed the "unorthodox" approach taken by a member who ordered the reinstatement of a forklift driver who breached an employer's "no mobile phones" policy.


Unfair to sack worker for flattening pet galah: FWC

An employer unfairly sacked a labourer for running over a pet galah, the FWC has held, rejecting claims that he breached a formal directive not to operate vehicles when Crackers was on the ground.

FWC ends cruise ship worker's time in pandemic dry dock

The FWC has ordered stevedoring giant Qube to offer redundancy to a Sydney-based employee unable to work since cruise ships stopped operating in early 2020, accepting that alternative work in Wollongong would be "a huge disruption" to his family life.

No costs against law firm accused of having "heads in sand"

A large employer has failed to win costs against a law firm it accused of burying "their heads in the sand" over the integrity of a client whose claims of mistakenly altering the expiry date on a key qualification fell apart under scrutiny by the FWC.

Key question over amended contract not answered: Bench

For the second time in a month a FWC full bench has turned its mind to the fundamental question of the point at which a worker has been dismissed, overturning a decision that did not properly consider a disputed contract.