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1432 articles are classified in All Articles > Termination of employment > Case law


High Court to rule on potential new duty of care for employers

The High Court will consider whether employers' duty of care and consequent exposure to damages extends to providing "safe" disciplinary and dismissal processes that protect sacked workers from psychiatric injury.

Angelic expectations might be unfair: FWC

The FWC has found understaffing weighed heavily on the mind of a custody officer sacked by Ventia for headbutting a door in frustration at a prisoner on the other side, noting it might be "unfair to apply the standards expected of angels to mere humans".

No car means new role not acceptable alternative: FWC

An employer has failed to convince the FWC that it should reduce a worker's redundancy payment from 13 weeks to six, finding that although it secured another job for him on the same pay, losing private use of a company car meant the role was not "substantially the same".

Half-baked settlement deeds not enough to close case

The FWC has rejected an employer's bid to wind up a general manager's unfair dismissal case after finding that neither of two settlement offers could be regarded as binding.

"Insensitive", profane manager loses adverse action case

A European expatriate who regularly swore at his Australian subordinates in an apparent attempt to spur them to achieve work standards expected in his homeland has lost his adverse action case against his former employer, after a court ruled his behaviour warranted summary dismissal.

"Judge, jury and executioner" sacking was harsh: FWC

A small not-for-profit organisation with no shortage of valid reasons for dismissing a finance manager who "disappeared" during an audit period has nevertheless been ordered to pay her more than $12,000 compensation after the FWC found its executive director should not have acted as "judge, jury and executioner" by overseeing the entire disciplinary process.

Murder suspect given extra time to contest sacking

An accused murderer has won extra time to pursue an unfair dismissal case against the ATO, claiming it constructively dismissed him when his wife used her power of attorney to tender his resignation while he was incarcerated and suspended from work.

Payout for WFH worker forced back to office

The FWC has awarded compensation to an accounts assistant who said she could not return to the office after working from home for almost a decade, while her employer maintained that the arrangement only began with the pandemic.

"Opaque" termination letter unhelpful: FWC

The FWC has extended time for a TAFE worker to challenge his sacking after accepting that he might have misinterpreted the employer's "wrongheaded" language and taken it to mean it took effect on the date it announced the result of a review of its decision.

No fast lane for Lattouf's unlawful dismissal case

Media host and writer Antoinette Lattouf has failed to have the ABC's jurisdictional objections to her unlawful dismissal case referred directly to a FWC full bench, despite arguing that she will appeal an unfavourable finding and that she "anticipates" that the broadcaster will do the same.