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


Big employer fell short of its investigation standards: FWC

An ASX-listed company failed to meet its own standards for investigating alleged misconduct when it neglected to interview two key witnesses and relied upon a manager's inaccurate account of a worker's response to accusations, the FWC has found.

Police officer's side hustle reason to lose confidence: Bench

A tribunal full bench has upheld a former senior constable's removal from the force after he become embroiled in criminal and integrity matters arising from his involvement in a bakery business, finding the police commissioner entitled to lose confidence in his honesty.

Employer's "tin ear" over remote worker's COVID-19 pressures

In a decision highlighting the challenges of managing remote workers during a pandemic, the FWC has awarded compensation to a salesperson dismissed after a director took exception to her attitude during a teleconference and drew negative conclusions about her productivity after scrutinising her Instagram posts.

JobKeeper "rort" accused defends sacking amid AFP investigation

A company accused of sacking a manager for refusing to "rort" JobKeeper has told a court it dismissed him for poor performance and a loss of trust, but has declined to plead to many allegations due to an ongoing criminal investigation.

Legal representation denied despite "difficulties" for HR manager

The FWC has found that allowing a large employer to be legally represented would be "manifestly unfair", rejecting its argument that excessive complexity would arise from its HR manager having to conduct the case and act as a witness.

Tribunal reverses safety sacking

The FWC has ordered the reinstatement of a mine under-manager with an impeccable 40-year work record but docked $55,000 from his pay for misconduct that resulted in a colleague straining his leg.

Credit card misuse behind CEO's sacking, claims HR consultancy

A HR consultancy claims in its defence of accusations it employed security guards to keep out its chief executive and sacked her because she sought a bully-free workplace that the dismissal was solely brought about by her misuse of a corporate credit card.

FWC accepts stressed WFH paralegal responsible for delay

The FWC has extended time for an employee sacked for allegedly persistently flouting a COVID-19 OHS plan, after it accepted her law firm's explanation that the stresses of working from home hampered the mental health of the paralegal responsible for lodging her claim.

Judge carpets "intransigent" federal agency

The Federal Circuit Court has criticised the Federal Department of Agriculture for taking a "belligerent", "intransigent course" in resisting an extension of time and seeking costs against a former employee despite her lawyers accepting full responsibility.

Bonus smokes supervisor's dismissal claim

A marijuana-smoking supervisor who allegedly resigned after declining a drug test has had his unfair dismissal claim thrown out because a "project uplift" allowance of at least 25% counted as earnings that pushed him beyond the high-income threshold.