Case law page 27 of 40

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


Tribunal lauds employer's handling of safety-shy worker

The FWC has upheld the "scrupulously fair" sacking of a second-in-charge installation worker over multiple safety breaches, including some so fundamental he should not have needed training to prevent them.

107-day hiatus granted until teenage witness finishes studies

The FWC has adjourned a dismissal case for at least 107 days so that a Catholic secondary school's "critical witness", the person purportedly "most affected and/or aggrieved" by the alleged conduct of a sacked teacher, can finish his final-year exams and turn 18 before giving evidence.

Order to complete COVID-19 survey a lawful direction

The FWC has upheld a recruitment company's dismissal of a consultant who refused, as the coronavirus pandemic escalated in early March, to complete a survey about his recent history of travel to destinations with moderate to high COVID-19 risks.


Nurse with hearing loss disadvantaged by rigid shift rules

NSW Health must compensate a registered nurse for lost shift penalties and refrain from rostering her on morning and night shifts after a tribunal found it indirectly discriminated against her on the basis of her hearing impairment.

Whistleblowing academic and university settle their differences

An academic who went public with concerns about international student admissions practices has dropped his adverse action claim against Murdoch University, which in turn has dropped its counter claim in a settlement hailed as a big win by the NTEU.

University begins appeal over 'intellectual freedoms' sacking

James Cook University has told a full Federal Court that academics must abide by its code of conduct when exercising intellectual freedoms, as it challenges a finding it unlawfully sacked a professor for criticising prominent climate research.

BP to "uphold values" despite losing Hitler parody appeal

BP has vowed to keep upholding its values across operations despite failing to upset FWC full bench orders to reinstate a worker who made a Hitler parody video of its protracted bargaining with oil refinery workers.

Demotion for affair showed HR director's "leniency": Tribunal

A senior police executive who tried to reset his "moral compass" during an affair involving almost 24,000 emails has failed to have his demotion reduced, a tribunal appeals board suggesting such efforts had already helped spare him dismissal.

Employers should not "falsely amplify" safety issues: Tribunal

An FWC member has cautioned employers not to "falsely amplify" safety hazards, ordering the reinstatement of a BluesScope worker accused of almost tipping a large steel coil in circumstances where there was "zero" likelihood of anyone being injured.