Case law page 34 of 144

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



Unvaxxed worker wins extension after solicitor's mea culpa

The FWC has commended a young solicitor's "candour" in admitting to having fumbled the unfair dismissal application of an unvaccinated foster care worker told her temporary WFH arrangement could not be sustained.

Reinstatement for Qube managers asked to be strike breakers

A tribunal member has reinstated six sacked Qube Ports waterfront shift managers and expressed alarm at a senior manager's "bizarre" and "ridiculous" proposal that three of them sign an unsighted document before it divulged its plan to maintain operations during a strike.

Personal car use pushes manager's income beyond cap

A business manager summarily sacked by her director husband soon after they separated has lost her bid to run an unfair dismissal case after her use of a new car to move interstate helped to nudge her over the high-income threshold.

Tribunal backs sacking for excessive personal texting at work

The FWC has upheld the flawed sacking of a health and safety manager after phone records revealed she sent an "extraordinary and unacceptable" amount of text messages at work while overseeing her growing side business.

FWC refuses to extend time despite law firm's failure

The FWC has found a law firm's lack of competence and "grossly unprofessional" conduct primarily to blame for the late unfair dismissal claim of a worker who breached a vaccine mandate, but it has refused to grant a one-day extension due to her role in the delay.

Tribunal backs ACTU's sacking of worker for Facebook posts

The FWC has upheld, despite some procedural failings, the ACTU's dismissal of a call centre employee over Facebook posts that "cheered on" an anti-vaccine mandate campaign, applauded aggression against police, mocked domestic violence, disparaged black people and vilified transgender people.

Sacking upheld after questionable vax exemption

A worker who unsuccessfully sought to take long service leave after Bulla Dairy Foods rejected medical exemption evidence from a since-suspended doctor has failed to establish it unfairly sacked him for breaching a COVID-19 vaccine mandate.


Analyst sacked after complaint about "non-core" duties

A worker made redundant after complaining about performing tasks outside his role description and its effect on his work-life balance has won an adverse action case in a federal court.