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1435 articles are classified in All Articles > Termination of employment > Case law


Summarily-dismissed GM fails to establish adverse action

A general manager sacked for going" behind the back" of his employer to allegedly block the sale of the business has failed in his adverse action claim but has won than $30,000 in damages after a court ruled his misconduct did not warrant summary dismissal.

Full court overrules FWC bench on "drink-spiked" Qantas pilot

A full Federal Court has ruled today that an FWC full bench went beyond the boundaries of the tribunal's fast-track "permission to appeal" process, when it dealt with the "substance" of a sacked Qantas pilot's challenge to his dismissal.

FWC "unlikes" dismissal of teacher over Facebook posts

The FWC has refused to reinstate a dismissed teacher, because her school lost trust and confidence in her after she posted disparaging comments on Facebook about an unresolved industrial dispute.

Representative error not automatic reason to extend time: FWC

A Fair Work Commission full bench has ruled that representative error does not provide an "inviolable reason" for granting an extension of time for an unfair dismissal claim due to exceptional circumstances.

Christmas party misconduct justified sacking: FWC

The FWC has upheld the dismissal of an employee who harangued a colleague before pushing him fully clothed into a swimming pool during the company's Christmas party.

Bench upholds sacking for racist comments

Prior employee misconduct that did not result in dismissal but demonstrates a "pattern of unacceptable behaviour" must be considered when determining unfair dismissal cases, a Fair Work Commission full bench has ruled.

FWC upholds ATO's sacking of manager who failed to lodge tax returns

The ATO's sacking of a debt collection manager with almost 30-years' service has been upheld by the FWC after it found her failure to lodge personal tax returns over four consecutive years amounted to serious misconduct that warranted dismissal.

Defecating courier unfairly dumped by employer: FWC

An employer had a valid reason to sack a long-serving courier who had "no choice" but to defecate in a client's carpark while on the job, but his dismissal without notice was unfair, the Fair Work Commission has found.

Visa worker in "unusual" and "exploitative" arrangement unfairly sacked: FWC

The FWC has found even the "most basic" of HR advice would have avoided the "error laden and unfair" dismissal of a 457 visa holder employed under an exploitative arrangement in which she worked as a motel senior manager on the proviso that her partner toiled for free.