Case law page 29 of 144

1437 articles are classified in All Articles > Termination of employment > Case law


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.

HR manager failed to follow "basics" of profession's rule book: Court

An experienced HR manager, who also played a central role in his employer's doomed attempt to establish an enterprise union, failed to do any of the "basic things" expected of his profession when he seized on the first opportunity to sack a worker threatening to take bullying and harassment claims to "Fair Work", a court has found.


State laws no cap on compensation for "broken" worker: Judge

A Federal Court judge has affirmed the primacy of federal over state laws in determining that NSW workers compensation caps did not shackle the amounts he could award to a long-serving manager whose life was "effectively destroyed" by a new chief executive.


Highway not my way for speeding Coke worker

The FWC has upheld the sacking of a multinational business's sales representative who ignored repeated warnings that she had crossed the chief executive's "line in the sand" over speeding in company cars.

Drink driving dodge justified police officer's sacking

A tribunal has backed the sacking of a Queensland police officer who helped his wife avoid a possible drink driving charge after crashing while almost three times over the limit, observing in passing that not all his character references assisted his case.

Worker leaves money on the table after disputed settlement

A former JB HiFi worker's objection to a settlement term preventing her from ever working for the company again after an "unsavoury" incident was not enough to revive her unfair dismissal claim, the FWC has found.

FWC barred from hearing mask-averse worker's case: Bench

In a significant decision clarifying when the FWC can deal with unlawful dismissal matters, a four-member bench has upheld a finding that a bookstore worker alleging discrimination after being sacked for refusing to wear a mask needed to prosecute her case in court.

No "courtesy" extended to worker sacked after 33 years

The FWC has upheld an employer's entitlement to sack a depressed worker who could no longer perform his job after 33 years, but held it fluffed its lines by failing to extend him the "courtesy" of a chance to respond to its decision.