Case law page 31 of 40

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


Case to test employers' right to impose biometric bundy clocks

A full bench has allowed an employee to challenge his dismissal for refusing to use his employer's fingerprint scanning technology that monitored attendance and tracked shifts, finding the case raises "important, novel and emerging issues".

Seven-month "leave blackout" breached deal: FWC

A council's imposition of a seven-month "leave blackout" period in a quest for greater efficiencies has run foul of the FWC, the tribunal finding its failure to consult workers over the policy breached best practice and notification provisions in its agreement.

Company reforms ways after criminal record discrimination

A company that withdrew an offer of employment when it discovered the potential employee's criminal record has paid her $2500 compensation and revised its global recruitment and HR practices, after the AHRC found it discriminated against her.


Counsellor sealed own fate after "flogging": FWC

The FWC has highlighted the pitfalls for workers who opt to resign rather than risk reputational damage from being sacked, in a case in which it says it would have deemed any dismissal unfair.

55 colleagues managing absent worker showed leniency: FWC

A Federal government department acted reasonably in dismissing an employee who secretly recorded conversations with colleagues and required daily management from five different executives during an 18-month absence from work, the FWC has ruled.

Manhattan cocktails sufficient reason for Qantas sacking

The FWC has confirmed the right of employers in safety-critical industries to dismiss workers whose out-of-hours conduct impairs the safe performance of their duties, in the case of a flight attendant who called in sick during a layover after being hospitalised with a blood-alcohol reading of .205.

FWC upholds ejection of Xmas bash glass-thrower

In a significant decision on out-of-hours conduct, the FWC has ruled that ALDI justifiably dismissed a storeperson for throwing a full beer glass over the heads of colleagues at an official company Christmas party.

"Intentional" CV errors justified dismissal

Dismissing an employee for providing false and misleading information during the recruitment process was not unfair, despite procedural failings by his employer, a tribunal has ruled.

Duty of care didn't include foreseeing attack: FWC

The FWC has rejected a dismissed employee's contention that a company's duty of care extended to anticipating that he would act in a violent and threatening manner towards a co-worker.