Case law page 5 of 144

1432 articles are classified in All Articles > Termination of employment > Case law


Wharfies unfairly sacked over vax refusal: FWC

The FWC has ordered compensation but declined to reinstate 24 DP World wharfies sacked in 2021 for refusing to be vaccinated against COVID-19, finding that although the dismissal process was bungled, the workers "significantly contributed" to the situation.


Hatcher intervenes after worker "horrified" by adverse action result

FWC President Adam Hatcher has ordered a paid IR agent to attend a conference to resolve a worker's complaint that he ended up out of pocket after settling an adverse action case his representative sought to discontinue without his express approval.

Hearing date set for Lattouf case

The FWC will in March hear ABC arguments that radio presenter Antoinette Lattouf's claim that the broadcaster unlawfully sacked her over an Instagram post critical of Israel's war in Gaza cannot proceed because of her casual engagement and reliance on the wrong provision of the Fair Work Act.

Compensation numbers don't stack up: FWC

A FWC presidential member has stayed payment of $10,000 to an unfairly sacked worker after going beyond an employer's appeal grounds to identify potential flaws in calculation of the compensation.

Time to regulate paid IR agents?: FWC

A senior FWC member has questioned whether paid IR agents should be more closely regulated after expressing dismay that a firm had no processes to identify an incorrectly entered date that led to late filing of a worker's unfair dismissal claim.



Ticker troubles explain tardy application: FWC

The FWC has waved through a former company director's late unfair dismissal claim after accepting evidence that the deadline fell on the same day as her treatment for a heart condition allegedly exacerbated by her ex-husband "vengefully terminating" her employment.

Unvaccinated worker awarded $55K compensation

The FWC has rejected an employer's argument that commissions should not be included in calculating compensation for an account manager found to have been unfairly sacked after refusing to get a COVID-19 jab.