Case law page 27 of 144

1438 articles are classified in All Articles > Termination of employment > Case law


Ruling provides guidance for unvaxxed unfair dismissal claimants

A FWC presidential member has issued a 10-point rebuttal of COVID-19-related arguments put by a sacked unvaccinated worker, to help her to consider whether to proceed with positions likely to be "irrelevant" in her unfair dismissal claim and that have been "emphatically rejected in numerous cases" before the tribunal and courts.

$33K for wrongly-sacked COVID-19 mandate objector

A mining equipment manufacturer that admitted to wrongly sacking a warehouse worker for failing to comply with a government COVID-19 vaccine mandate that did not apply to her must pay more than $33,000 compensation, after the FWC slashed her payout by half.

Grounded Virgin flight attendant gets job back

The FWC has reinstated a senior Virgin flight attendant accused of tardiness, stealing snacks, sleeping and watching a movie while on duty, finding pandemic-driven loads on HR delayed the airline's investigation and contributed to procedural fairness deficiencies.

Reinstatement for roadside service mechanic who missed sales targets

In a decision that shines a light on road service provider NRMA's business model, the FWC has found a contractor mechanic's failure to meet KPIs – when he spent too much time with customers and failed to sell enough batteries – did not provide a fair basis for sacking him.


Pilot reinstated after being "lumped" in with anti-vaxxers

In a decision reinstating a Regional Express pilot who missed a COVID-19 vaccination deadline, the FWC has expressed sympathy for the airline's "beleaguered HR staff", despite finding the sacking procedurally flawed.


Rogue ACTU Facebook poster fails to overturn sacking

An ACTU call centre worker whose Facebook posts cheered on vaccine mandate protesters who kicked in a union headquarter's windows, applauded attacks against police, mocked domestic violence and disparaged black and transgender people has failed to budge a finding that it rightly sacked him.

Conspiracy theory complaints blow up long career

The FWC has upheld Australia Post's sacking of a long-time employee who ignored directions not to return to a client's workplace after complaints he was spreading COVID-19 conspiracy theories.

FWC goes lunar in time-extension deliberations

A workplace tribunal member has philosophised about the sun and moon in considering whether to extend time for an unfair dismissal claim filed three days late.