Case law page 37 of 144

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


"Sham" redundancy followed anti-bullying application: Claim

An IT officer is suing the Australian Criminal Intelligence Commission for allegedly subjecting him to a "sham" redundancy motivated by his failed anti-bullying application and personal clashes with a team leader.

FWC full bench rules BHP's vax mandate "unreasonable"

In a decision that threatens to undermine employer attempts to impose COVID-19 vaccination mandates, a five-member FWC bench has ruled BHP failed to adequately consult with workers at its Mt Arthur mine before announcing deadlines on site access.

CUB had right to resist reinstatement of on-hire worker: Full Court

A full Federal Court has dismissed an on-hire worker's bid to overturn a FWC ruling that it could not force a labour hire company to reinstate him to his former job at client CUB, upholding the tribunal's finding giving primacy to the host employer's right to determine who it allowed on its site.

Late application allowed after tardy HR advice

The FWC has extended time for a Victorian tram driver wrongly told he could use his employer's internal appeals process to challenge his sacking, with the advice not corrected by HR until a day after the tribunal's filing deadline.


Pfizer hold-out's abandoned case not unreasonable: FWC

The FWC has rejected a costs application against a worker who missed her employer's deadline to register for COVID-19 jabs because she was holding out for the Pfizer vaccine, at a time when its south-western Sydney location was subject to extra lockdown restrictions.

End of road for unvaxxed worker who relied on Dean dissent

A worker dismissed for failing to meet his employer's COVID-19 inoculation deadline has failed to win an extension of time for his day-late dismissal claim, after he rushed to lodge it in the wake of the landmark Kimber full bench ruling three days before the 21-day-limit.

Novavax-awaiting nurse refused extra time to contest sacking

A nurse sacked after seeking leave to wait for the Novavax vaccine to become available has failed to win an extension after mailing her unfair dismissal application just three days before the deadline, unlike another nurse who did not get vaccinated on time and sent her claim seven days before the cut-off.

Manager's "gumby" slur helps seal costs award

The FWC has ordered costs against a worker held to have called a colleague "Gumby", "Dumbo" and "Homer" while on a "connived power trip", finding he could have achieved his bid to clear his name by accepting a generous settlement offer.

Intellectual property concerns warranted sacking: FWC

The FWC has upheld a government-funded organisation's summary sacking of a support officer who claimed ownership of a program's intellectual property while planning with a team of consultants to take it outside.