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1433 articles are classified in All Articles > Termination of employment > Case law


FWC bench within rights to halt reinstatement: Full court

A 64-year-old BlueScope worker sacked for mishandling a 13-tonne coil has failed to win his job back, after a full Federal Court majority found a FWC bench did not go beyond its powers to halt his reinstatement.

Employer body secures legal representation

The FWC will allow an employer organisation to use external lawyers, despite accepting that it has sufficient in-house expertise, as it defends a self-represented former employee's unfair dismissal claim.

Labour hirers not "exempt" from redeployment obligations: FWC

A FWC member has resisted criticising labour hire company Workpac for mishandling the redundancies of five mine workers due to "extraordinary" COVID-19 circumstances but expressed disbelief at resource giant South32's ignorance of its supplier's statutory obligations.

Pizza slice sacking costs Toyota $276K

A loyal former Toyota manager has been awarded $276,681 damages after being sacked in part because his young son ate some "leftover" pizza purchased on his company credit card during a business trip.


Hard to stomach, but BHP worker's sacking not harsh: FWC

BHP did not respond harshly when it dismissed a Thailand-based train driver for making a brief call about a worrying health matter while he travelled slowly along a remote Pilbara line, the FWC has ruled.

Redundancy about rating, not union links: Opera Australia

A veteran musician accusing Opera Australia of using the pandemic as an excuse to weed out union activists was selected for redundancy after a panel of "experienced employees" ranked him below its orchestra's two other oboe players, according to the company's Federal Circuit Court response.

FWC's arbitral powers maintained under inherited deal: Full court

In a significant, if split, decision on the FWC's jurisdictional ambit, a majority full Federal Court has ruled that the tribunal would not be invalidly exercising judicial power if it arbitrated a dispute under an agreement an employer inherited after winning a Defence Department tender.

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.