Case law page 5 of 142

1414 articles are classified in All Articles > Termination of employment > Case law


"Abject stupidity" insufficient reason for sacking: Bench

In a full bench decision exploring what constitutes work-related conduct, essential services provider Ventia has failed to knock out the reinstatement of a firefighter who shared an Only Fans video and a meme showing three naked women in a "sickos" Facebook group of current and former colleagues.

"Appalling" domestic violence explained late claim: FWC

A victim of "appalling" domestic violence did not need to provide independent medical advice to explain why she filed an unfair dismissal application almost four months late, the FWC has found.

Suggestion of criminal behaviour "intimidatory": FWC

The FWC has castigated an employer for its "unconscionable" and "intimidatory" written notice suggesting that a casual duty manager committed theft and fraud when she failed to pay for a drink or offer an explanation for missing stock, while it has also lambasted its representative, Clubs NSW, for its "unprofessional" conduct in characterising her conduct as criminal.

Unsteady kitchen hand not afforded "basic decency": FWC

The FWC has upheld the sacking of a kitchen hand who turned up intoxicated in his own time to prepare for his next shift, but has berated the employer over its "failure to exercise basic decency" when leaving him to find his own way home.

Work "trial" did not signal start of continuous service: FWC

The 12-day gap between a concreter's two-day "trial" and starting full-time work did not count as "continuous" employment, leaving him just shy of the statutory minimum necessary to challenge his dismissal, the FWC has found.

CEO's sacking for credit card use no "witch hunt": Court

A court has thrown out claims by a HR consultancy's former chief executive that she experienced relentless bullying, unilateral pay deductions and an excessive workload before her unlawful sacking in 2020 for allegedly misusing a corporate credit card.

Vaccination refusal not a repudiation of contract: FWC

Australia’s largest family-owned office supplies company unfairly sacked an account manager when it claimed she repudiated her contract by refusing to get a COVID-19 jab, the FWC has found.

Worker's failure to heed FWC's "important note" scuttles court case

A court has refused to grant a self-represented on-hire worker a second extension of time to pursue his "confusing" adverse action case, finding too many gaps in his explanation for a 10-week delay during which he badgered the FWC to arbitrate the matter and travelled overseas.


FWC upholds bona fides of AMWU officer's redundancy

The FWC has found the AMWU genuinely made special projects officer Dave Kelly redundant, finding it retrenched him because it "was no longer a good spend of union funds to pay" him, rather than any "union election-related skullduggery" or "capriciousness".