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


Breakfast giant wins right to use external lawyer

The FWC will allow multinational cereal giant Sanitarium to lawyer-up to defend two unfair dismissal claims, noting it is "stressful enough" for an HR manager to be a witness without also representing the company, while its membership of an employer group is irrelevant.

Partner's "thuggish" texts didn't warrant sacking: FWC

A barrage of "thuggish" texts sent by the partner of a worker alleging harassment and bullying did not justify her dismissal, the FWC has found, describing the employer's attempt to vacuum-seal its investigation of her claims as both unreasonable and unrealistic.

Manager sues Rinehart business after "traumatic" meeting

The high-profile chief executive of a Hancock Prospecting subsidiary has denied intimidating a former manager over a missed deadline, claiming instead that she called fellow team members "f--kers" as they clashed about approaches to finalising the business-critical report.

Inappropriate behaviour prompted former organiser's sacking: HSU

The HSU has struck back at a former organiser's age discrimination claim, saying she inappropriately made a secret recording and revealed at a divisional council meeting that she'd call "rape rape rape" if ever left alone with any manager who bullied or intimidated her.


Scientist's redundancy a sad case of economic rationalism: Judge

A judge has taken an unsparing swipe at "economically rationalist management policy" in considering an eminent CSIRO scientist's challenge to his redundancy, bemoaning a selection process based on candidates' capacity for "external revenue generation".


HR process undermined "very strong" sacking case: FWC

A mining company must reinstate a summarily sacked coal mine worker and reimburse six months' lost income after its hasty and "inadequate" HR disciplinary process "effectively turned a very strong case with a valid reason to one with little or no procedural fairness".

FWC upholds sacking of worker for punch after Yakuza claims

The FWC has upheld the dismissal of a student visa holder who punched a co-worker in the face after accusing him of saying "a lot of bad things" about a colleague she claimed was regularly being sexually assaulted by local Japanese gangsters.

Nonsensical to sack pregnant worker on JobKeeper: FWC

A non-profit sporting club has been ordered to pay $9750 compensation to a fitness instructor sacked while on JobKeeper after declining shifts because of the suspension of the club's child-minding facilities due to COVID-19.