Case law page 46 of 145

1443 articles are classified in All Articles > Termination of employment > Case law



Post-sacking conduct didn't make separation valid: Bench

FWC Deputy President Gerard Boyce has again run afoul of a tribunal bench, which has reminded him that conduct months after a dismissal cannot be considered when deciding whether an employer has a valid reason.

Employer's appeal slashes big payout to former manager

A manager unfairly accused of being a "malingerer" has had his near-$900,000 unlawful sacking payout slashed on appeal, a judge finding the original ruling contained enough errors to reduce the figure but stopping short of ordering a retrial.


FWC rebuffs CBA bid for external legal representation

The FWC has refused to permit the Commonwealth Bank to bring in external lawyers to help it defend an unrepresented worker's unfair dismissal claim, despite the bank claiming its team of eight in-house employment solicitors are either unavailable or lacking recent experience.


Police officer's sacking for alleged exposure rightly reversed: Court

Victoria Police has lost its bid to sack an officer for "disgraceful conduct" in allegedly exposing himself to a day spa therapist while getting his groin waxed, the State's Court of Appeal this month holding its review board rightly set the dismissal decision aside.

Company car removal after 'roo strike a dismissal: FWC

In a decision exploring when employers can be said to have repudiated employment contracts, the FWC has ruled that a multinational dismissed a worker when it "unilaterally" withdrew his company car without compensation following a collision with a kangaroo.

"We stab people in the front, not the back": Sacked lawyer's claim

The managing director of an ASX-listed wealth management company allegedly directed his gaze to a whistleblowing employee during a staff meeting and said that "we stab [people] in the front", not the back, according to an adverse action claim filed in the Federal Court.

FWC lands another jab for compulsory vaccinations

Employers operating in high-risk environments such as aged and child care have been given further confidence that they can force workers to immunise after the FWC today upheld the sacking of a long-serving care assistant who refused a compulsory flu shot on allergy grounds.