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


ANAO ordered to reinstate COVID-vulnerable WFH auditor

The FWC has taken the National Audit Office to task for revoking permission for a veteran public servant "at increased risk" from COVID-19 to work from home and then sacking her after she refused to return to Canberra while she cared for her dying uncle at their second residence.

Worker's implications sailed close to the wind: FWC

A support worker came close to committing an offence when she implied that an FWC presidential member behaved in an unusual manner and interfered to reduce her settlement during a conciliation conference.

No bias in adjournment refusals: FWC

A FWC presidential member has rejected an employer's last-minute recusal application, made after she denied its bid for an adjournment.

RSPCA gone to the dogs: Claim

RSPCA Queensland's former general manager and chief financial officer are suing it for allegedly subjecting them to sham redundancies in retaliation for "whistleblowing" corruption claims levelled at its chief executive, a HR manager and others.

Court reinforces that contract is now king

In a case applying the High Court's new guidelines on contractors, a judge has rejected a worker's bid for leave, super and redundancy payments after finding he was not an employee despite averaging 38 hours a week over eight years for a solitary employer.

FWC reinstates Qantas trainer accused of staring at breasts

The FWC has ordered Qantas to reinstate a trainer accused of inappropriately staring at a female employee's breasts during a "distinguishably lewd" safety demonstration, while taking aim at a "ludicrous" video it used to demonstrate s-xual harassment.

Compensation denied after post-sacking threat

A FWC member has applied the "well known 'duck principle'" in holding that a tyre recycling company suspected of phoenixing unfairly sacked a worker who complained about unpaid superannuation, before threatening to kill a director.

Compensation for public servant sacked over Hitler post

A child protection public servant who claimed on Facebook that the military would remove kids from unvaccinated parents and depicted the former NSW premier as Hitler has won compensation after a tribunal found circumstances rendered her dismissal harsh.

Vax mandate attached new "regulatory requirement" to job: FWC

In a thinly-veiled shot at a tribunal colleague who used her position to criticise vaccine mandates, a senior FWC member has emphasised that it is not for the Commission to undermine the law by entertaining parties' "alternative policy preferences".

Lawyer entitled to "fruits of victory": Court

The Federal Court has rejected a law firm's attempt to stay payment of compensation awarded to a junior solicitor, the judge finding he is "entitled to the fruits of his victory" while the judgment is appealed.