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


Trust loss after safety failure stymies reinstatement

An employer has convinced the FWC that a mineworker found to have been unfairly sacked over a safety failure should not be reinstated because it had lost trust and confidence in him.

Workpac redundancy not genuine: FWC

The FWC has found the redundancy of a FIFO labour hire coal mineworker affected by COVID-19 travel restrictions not genuine, holding that Workpac failed to meet its consult obligations after BHP said it no longer needed him.

Fair to sack worker who refused flu vax: FWC

In a significant decision acknowledging the "scarce" guidance on compulsory workplace COVID-19 vaccinations, the FWC has upheld a big employer's dismissal of a childcare worker for refusing to take a free flu shot.

Sacked picker compensated after "unfortunate" HR investigation

The FWC has criticised a company's "entirely unjust" process in sacking a long-serving mushroom picker for misplacing a knife, while noting her prior unblemished disciplinary record contrasted strangely with a swathe of warnings following a workplace injury.

FWC warning over "shorthand" assumptions in settlements

The FWC has cautioned against parties assuming they have a common understanding of notions like "usual terms" and "mutual release" in settlement agreements, after an accountant decided to proceed with her unfair dismissal case following apparently successful conciliation.

Scammed bank manager wins job back

The FWC has ordered the reinstatement of a bank manager who transferred $37,500 to a fraudster's account in the frenzied early days of the COVID-19 pandemic.

Late appeal rejected despite guard's "saving community" claim

A detention centre guard who tackled an escaping detainee has failed to win permission to appeal his sacking, a FWC bench rejecting his claim that it was in the public interest because he'd saved the community "from a disastrous 'what may have been'".

Bleak reception for suppression order attempt

A teacher has failed to suppress a recent ruling likening his unfair dismissal claim to the interminable case at the centre of Charles Dickens' acerbic Bleak House.