Case law page 12 of 40

392 articles are classified in All Articles > Workplace policy > Case law


Worker still employed despite overshooting vax deadline: FWC

The FWC has declined to hear the unfair sacking case of a vaccinated worker who passed up "at least" eight chances to confirm her inoculation status before her employer dismissed then reinstated her within 48 hours.


BHP's final warning to union official unreasonable: FWC

A senior FWC member has found it understandable that a longstanding CFMMEU delegate believed BHP Coal was out to "get" him when it issued him a final warning for using the word "c--t".


HR manager's "zero interest" in debating vax policy: FWC

A government corporation's HR manager had "zero interest" in discussing workplace COVID-19 vaccination requirements with a worker who justifiably raised the matter under an agreement's dispute terms, the FWC has found.

Ruling provides guidance for unvaxxed unfair dismissal claimants

A FWC presidential member has issued a 10-point rebuttal of COVID-19-related arguments put by a sacked unvaccinated worker, to help her to consider whether to proceed with positions likely to be "irrelevant" in her unfair dismissal claim and that have been "emphatically rejected in numerous cases" before the tribunal and courts.

Grounded Virgin flight attendant gets job back

The FWC has reinstated a senior Virgin flight attendant accused of tardiness, stealing snacks, sleeping and watching a movie while on duty, finding pandemic-driven loads on HR delayed the airline's investigation and contributed to procedural fairness deficiencies.

Reinstatement for roadside service mechanic who missed sales targets

In a decision that shines a light on road service provider NRMA's business model, the FWC has found a contractor mechanic's failure to meet KPIs – when he spent too much time with customers and failed to sell enough batteries – did not provide a fair basis for sacking him.


Sacking of political staffer by email unfair: FWC

Former Labor Senator Kristina Keneally's decision to summarily sack a staffer via email without hearing from him after he confronted a Coalition MP with claims of coercive control unfairly denied him a chance to argue an "active bystander" defence, the FWC has held.