Case law page 31 of 144

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



"Pyrrhic victory" for unvaxxed worker sacked prematurely

The FWC has held that an aged care employer acted "prematurely" in dismissing an unvaccinated employee barred by state health orders from attending the workplace, finding no reason why he could not have continued to work from home as he had done for almost two years.

"Disrespect" for HR manager's directions justified sacking: FWC

The FWC has upheld the sacking of a chef despite scant evidence he made discriminatory remarks, finding his failure to follow a HR manager's instructions constituted a valid reason and WorkCover certificates from a "malleable" doctor severely compromised his credibility.

Reinstatement for driver told to "f*** off Karen"

The FWC has reinstated a Gold Coast bus driver who ejected a passenger for telling her to "F-ck off Karen" after she implored him to wear his face mask properly, finding also that making a call on her smart watch did not breach the employer's mobile phone policy.

Tribunal rejects prison officer's "s-xual horseplay" defence

The NSW IRC has upheld the sacking of a prison officer who assaulted a colleague outside work, observing that the victim's evidence should not be "impugned" just because she remained in an abusive relationship.

Extension granted for nurse to challenge "charity" sacking

A nurse who is contesting her sacking for allegedly donating her employer's property to a charity has won an extension of time due to representative error, after her solicitor filed her unfair dismissal application five hours after the 21-day deadline.

Airline loyalty program membership no basis for bias: FWC

An FWC member has rejected a recusal application from employees Virgin Australia dismissed for refusing to disclose their vaccination status, amid concerns that his frequent flyer membership made him biased.

FWC backs BHP's sacking of breast-grabbing mineworker

In a case that illustrates sexual harassment problems at remote mine sites, the Commission has upheld BHP Billiton's sacking of a service technician after he groped and pursued two young female cleaners, prompting one to leave the "too unsafe to return" worksite.


Pay cut not a dismissal: FWC bench

In a significant decision regarding the statutory meaning of "dismissed", a five-member FWC bench majority has ruled that an employer did not sack a worker when it shaved almost 10% off his annual pay for disciplinary reasons.