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


Workers' comp "joke" no basis for sacking: Tribunal

The FWC has lambasted an employer over the "unconscionable" sacking of a casual who said he was just joking about making a workers' compensation claim after a COVID-19 related standdown, ordering compensation equal to 24 weeks of JobKeeper.

Costs awarded in worker's "groundless" case

The FWC has made a rare costs order against an unfair dismissal applicant who filed her case while unsure if she had in fact quit in the heat of the moment, before discontinuing it less than 24 hours before the hearing.

Sams slams law graduate in full-throated FWC sign-off

A retiring presidential FWC member has used his final ruling to deliver a withering character assessment of a law graduate and question the benefit of GPs providing mental health appraisals in cases alleging bullying.


Member lacked power to pull rug on dismissal case: Bench

A presidential member denied an unfair dismissal applicant a fair hearing when he threw out his case for want of prosecution without a formal request from the employer, a FWC full bench has ruled.

Misconduct sacking bins $70,000 sick leave payout

A veteran garbo has lost his right to a $70,000 accrued personal leave payout after the NSW IRC upheld his sacking for riding on the back of a garbage truck, finding he held a cavalier attitude and lacked insight, despite expressions of regret.

Casual sacked after forced choice between employers: FWC

A casual cook has been cleared to contest her dismissal after the FWC found she was caught between the competing interests of two workplaces in responding to the Victorian Government's single employer directive at the height of that State's COVID-19 outbreak.

Worker "put the knife" into HR manager: Tribunal

The FWC has rejected a long-serving worker's portrayal of herself as a "victim" of powerful HR forces, finding her displeasure at being asked to account for money raised for a deceased colleague's family led her into serious misconduct.

FWC backs BHP contractor's sacking over unreported head "bang"

The FWC has reinforced the importance of following safety guidelines to the letter in upholding the dismissal of a scaffolder whose sore hands proved to be the result of hepatitis rather than a head "bang" he took more than a week to report.