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1414 articles are classified in All Articles > Termination of employment > Case law


Ticker troubles explain tardy application: FWC

The FWC has waved through a former company director's late unfair dismissal claim after accepting evidence that the deadline fell on the same day as her treatment for a heart condition allegedly exacerbated by her ex-husband "vengefully terminating" her employment.

Unvaccinated worker awarded $55K compensation

The FWC has rejected an employer's argument that commissions should not be included in calculating compensation for an account manager found to have been unfairly sacked after refusing to get a COVID-19 jab.

Representation ruling putting members into a spin

A FWC deputy president has taken aim at a full bench's quashing of one of his decisions, saying it appears members are "expected to essentially run around in a series of ever decreasing circles" when parties change their representation status.

Unpursued case ousted after "novel question" explored

A senior FWC member should have considered a worker's "genuine belief" that he lodged his general protections claim on time, even though he had in fact filed a blank unfair dismissal form, a full bench has held in tackling a novel question about when an application is made.

Wrong line: FWC roasts employer after cocaine sacking

The FWC has reinstated a Sydney Trains worker who used cocaine while on leave, after lambasting the employer for not making it clear that it tests for use rather than impairment and for failing to take on board earlier criticism of its drug and alcohol policy.

Indemnity costs after groundless jurisdictional objection

The FWC has levelled indemnity costs against an employer that claimed to be acting on FWO advice when it objected to a former employee's adverse action case on the basis that her post-ANZAC Day filing pushed it beyond the statutory deadline.

Chef's adverse action claim back on menu

A FIFO chef's one-day-late adverse action application can proceed after the FWC accepted that he did not realise he filed 12 blank pages in support of his claim.

Late application to proceed after IR consultant's email fail

The FWC has found an IR consultant's failure to check his emails after business hours on a Friday or the following Monday wholly to blame for a day-late unfair dismissal claim, extending time for his client to argue it unfairly retrenched her after she converted to casual employment.

Sacked wharfie's explanation not blame-shifting: FWC

Qube Ports must reinstate a stevedore who pranged a client's $70,000 Mercedes after an operations manager mistook her explanations as an attempt to excuse her behaviour or shift the blame.

"Sporadic" web browsing doesn't justify sacking: FWC

An intellectual property firm fumbled an employee's summary dismissal when it switched from highlighting his deficient performance and conduct to "dishonesty" over time spent browsing the internet "for items of personal interest", the FWC has found.