Case law page 14 of 40

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


Bench clears way for $1M unlawful sacking damages claim

Sydney Water has failed to quash a FWC finding that clears the way for a former employee whose image was used in a suggestive OHS poster to pursue more than $1 million in damages on the basis its botched response forced her to resign.

Communication of sacking can't be outsourced to cops: FWC

The FWC has cleared the way for a worker accused of "disruptive menace" and assaulting the chief executive to pursue a general protections claim against his former employer, holding it could not delegate to police the task of telling him he had been sacked.


Sacked for refusing assessment, not for complaining: Court

A court has thrown out an adverse action case pursued by an Aldi truck driver sacked for refusing a psychological assessment, noting he might have been better off making an unfair dismissal claim.

Reinstatement for driver told to "f*** off Karen"

The FWC has reinstated a Gold Coast bus driver who ejected a passenger for telling her to "F-ck off Karen" after she implored him to wear his face mask properly, finding also that making a call on her smart watch did not breach the employer's mobile phone policy.

Tribunal rejects prison officer's "s-xual horseplay" defence

The NSW IRC has upheld the sacking of a prison officer who assaulted a colleague outside work, observing that the victim's evidence should not be "impugned" just because she remained in an abusive relationship.

Extension granted for nurse to challenge "charity" sacking

A nurse who is contesting her sacking for allegedly donating her employer's property to a charity has won an extension of time due to representative error, after her solicitor filed her unfair dismissal application five hours after the 21-day deadline.

Rebuffing five-year WFH bid not bullying: FWC

A university supervisor's rejection of an academic's five-year work-from-home application and his repeated "advice" about how to use students' work to reach research targets did not constitute bullying, the FWC has held.


FWC backs BHP's sacking of breast-grabbing mineworker

In a case that illustrates sexual harassment problems at remote mine sites, the Commission has upheld BHP Billiton's sacking of a service technician after he groped and pursued two young female cleaners, prompting one to leave the "too unsafe to return" worksite.