Case law page 36 of 144

1438 articles are classified in All Articles > Termination of employment > Case law


No costs against law firm accused of having "heads in sand"

A large employer has failed to win costs against a law firm it accused of burying "their heads in the sand" over the integrity of a client whose claims of mistakenly altering the expiry date on a key qualification fell apart under scrutiny by the FWC.

Key question over amended contract not answered: Bench

For the second time in a month a FWC full bench has turned its mind to the fundamental question of the point at which a worker has been dismissed, overturning a decision that did not properly consider a disputed contract.


FEG entitlement not dependent on employer's contributions: AAT

The AAT has accused the Attorney-General's Department of "studied ambiguity" in finding it mistakenly denied a worker up to $23,600 under the FEG scheme because his insolvent employer neglected to contribute to an industry entitlements fund.

No silver lining for unvaxxed worker

The FWC has declined to extend time for an unvaccinated worker who claimed he lodged his claim late because of the theft of 45 one-kilogram silver bars from his home, while it has upheld a nursing home's sacking of a maintenance manager who failed to comply with a State Government inoculation mandate.

Protest that flouted public health orders justified sacking: FWC

The FWC has distinguished between "regular" industrial protests and those likely to attract "public outrage" during pandemic restrictions in finding a crane company entitled to sack an operator who attended a violent anti-vax rally outside CFMMEU offices in Melbourne.

Bench ponders the meaning of "dismissed"

A five-member FWC bench has reserved its decision in a case with far-reaching implications regarding when workers can be said to have been dismissed.

"Extensive" domestic violence explained late claim: FWC

The FWC has provided a one-day extension of time to a worker who presented comprehensive evidence to support her argument that she ran late because she experienced "extensive" domestic violence that led to her being admitted to hospital.

Dozing prison guard reinstated after "procedural muddle"

A prison guard who nodded off during shifts has won his job back after a tribunal found proper account had not been taken of his previously undiagnosed sleep apnea and that his dismissal was affected by a "procedural muddle" featuring two decision-makers reaching different conclusions.

Novavax-awaiting paramedic fails to win anti-sacking order

A paramedic who claims an Ambulance Victoria IR strategist refused to permit her to take long service leave while she waits for the non-MRNA Novavax has failed to obtain interim orders stopping it from dismissing her while she participates in a group challenge to its vaccine mandate.