Case law page 28 of 144

1436 articles are classified in All Articles > Termination of employment > Case law


Mail redirection warrants extension to contest COVID-19 sacking: FWC

An AGL worker who refused to provide proof of being vaccinated against COVID-19 has won a time extension to contest her dismissal after the FWC accepted her application was delayed when the Commission redirected its mail from Perth to Melbourne.

Bench upholds reinstatement of "breast-staring" Qantas trainer

A FWC full bench has thrown out a Qantas bid to overturn the reinstatement of a trainer accused of staring at a flight attendant's breasts and gazing into her eyes in a "distinguishably lewd" manner during a safety demonstration.

Bargaining imbalance makes Uber driver deal unfair: FWC

A FWC decision rejecting an Uber driver's claim he was an employee but observing his relationship with the company could operate unfairly will strengthen calls for the Albanese Labor Government to move quickly to boost gig workers' rights, an IR academic says.

Change laws to reflect new ruling: Bench

A finding that the FWC cannot keep dealing with disputes brought under old agreements once a new deal comes into effect has produced "arbitrary, anomalous and nonsensical outcomes" and is wrong, a full bench has held, calling for an amendment to the Fair Work Act to reflect the new precedent.

UK employer failed to make reasonable changes for migraine sufferer

A UK employment tribunal has found that an employer unfairly dismissed a nurse for using too much sick leave and discriminated against her by failing to make reasonable adjustments to accomodate her disabilities, which included migraine headaches.

Rossato loomed too large in FWC ruling: Academic

A leading labour law academic has expressed concern that the High Court's recent Rossato ruling "unduly swayed" a senior FWC member who found a casual worker's contract helped establish she had no reasonable expectation of continuing employment, despite having worked every week for 14 months.

"Hysterical" response justified redundancy: FWC

A finance analyst's decision to "go nuclear" after her employer's harsh denial of a chance to interview for new roles in a corporate restructure ultimately justified her redundancy, the FWC has found.

Sacking about choice, not employer jab "mandate": Tribunal

A FWC member has sought to emphasise that jabs are a matter of choice for employees, rather than a "mandate" imposed by employers, as a tide of COVID-19 vaccination-related unfair dismissal cases work their way through the tribunal.

"Stressful" negotiations no excuse for high dope reading: FWC

An office-based stevedore who said he smoked cannabis daily while on leave due in part to the stress of agreement negotiations and COVID-19 lockdowns has failed to establish he was unfairly sacked for "out of hours conduct" after testing positive to THC at work.

Employer's HR became reactive, haphazard at COVID-19's peak

In a ruling that shines a light on "haphazard" HR practices in Victoria's Health Department at the height of the pandemic, the FWC has rejected claims it did not sack a hotel quarantine worker and lambasted it for meeting production orders with redactions that rendered evidence meaningless.