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


FWC overturns summary sacking for "confidentiality" breach

The FWC has ordered a Gold Coast cabaret club to compensate two workers it sacked after intercepting private social media discussions about a colleague's pay, finding it treated them like they had broken into its equivalent of the Watergate complex to expose key secrets over WikiLeaks.

Sacked mine COO protected under Australian law: FWC

In a significant decision for Australian companies hiring workers overseas, the FWC has allowed an Argentina-based chief operating officer's adverse action case to proceed after finding the employment contract was formed when an email accepting the job offer was opened in Sydney.

Court reels in Bondi Rescue producer's bid for more severance pay

A Channel 10 executive producer has failed to convince the Federal Court that the broadcaster should have paid her an extra $400,000 under its significantly more generous enterprise agreement redundancy pay provisions, rather than the NES entitlement she received.

Employer "planned" gay chef's harassment sacking: FWC

An "openly gay" head chef sacked for allegedly molesting female co-workers has won $16,000 compensation, after the FWC found it "more than coincidental" that his employer decided that s-xual harassment provided a valid reason for summary dismissal before it emailed employees a survey full of loaded questions.

FWC upholds sacking for medical marijuana use

The FWC has upheld the sacking of a mineworker for failing to disclose his use of prescription medicinal cannabis on his days off, despite the fact he passed all drug tests and left a 32-hour buffer before the start of his working weeks.

Worker wins more time to contest "harassment" sacking

The FWC will consider the late unfair dismissal claim of a worker who believes his employer sacked him for alleged sexual harassment, after receiving evidence that five law firms rejected his case on one day alone.

FWC backs post-separation dismissal of director's wife

The FWC has upheld a business owner's on-the-spot sacking of his newly separated-wife when she refused to hand over an account password, finding their interpersonal conflict and her failure to follow directions trumped a flawed dismissal process.

"Deeply flawed" process after harassment claim: FWC

The FWC has ordered the reinstatement of a dump truck driver dismissed after a "deeply flawed" investigation into allegations he exposed a female trainee to explicit images while passing around his phone.

Wrong test applied over workplace fight case: Bench

A FWC member incorrectly apportioned the burden of proof and applied the wrong test for "reasonable" self-defence in ordering reinstatement of a train driver sacked after fighting with a stranger on a station concourse, a full bench has found.

Worker taken into remand loses job in "fortuitously rare case": FWC

The FWC might refer a "regrettable, expensive and damaging episode" to the South Australian Correctional Services Department, after it failed to allow a worker on remand to contact his employer, and the employer dismissed him for failing to attend work.