Case law page 53 of 142

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


FWC kneecaps "point-scoring" employer

A managing director's attempt to "point-score" during hearings into the dismissal of an employee who feared a gun-owning co-worker has been decried by an FWC commissioner as among the "poorest displays" from a respondent she has encountered in five years on the Commission.

Tribunal delivers brutal takedown of government agency sacking

In a warning about the myriad ways disciplinary investigations can go wrong, the FWC has rejected virtually every finding a large government agency relied on to sack an experienced rail employee who described his dismissal meeting as a "Pearl Harbour" moment.

Qantas defeats claim for bigger redundancy payouts

In holding that Qantas need not include prior service with related entities or casual employment when calculating flight attendants' redundancy entitlements, a senior FWC member has accused the FAAA of "cherry picking" to try to prove otherwise.

Bench upholds dismissal, but corrects member's findings

An FWC senior member who considered a bus driver's submissions on procedural fairness to be "unduly pernickety" wrongly found he was properly notified and had a chance to respond, but a full bench has upheld his sacking.

"Madness" of undisclosed IP issue scuttles CEO's case

A former chief executive's admission that it was "madness" not to have told investors he did not have outright ownership of the app at the heart of the business has put paid to his attempt to sue over alleged adverse action and oppression.

Dishonesty valid reason for delegate's dismissal

After the FWC reinstated one of two truck driver TWU delegates involved in a punch-up, it has now upheld Toll's dismissal of the second driver because he lied during its investigation – a reason not relied on by the employer.

FWC bench didn't "grapple" with conflicting terms: Full court

An FWC bench led by President Iain Ross "made no attempt" to analyse how model and agreement redundancy terms would operate in conjunction when assessing whether 21 seafarers had been fairly dismissed, a full Federal Court has found.

NTEU bemoans "cancel culture" as court upholds academic's sacking

The NTEU is seeking to strengthen academic freedom clauses to protect university staff from "cancel culture" after a court found no legally enforceable right in measures relied on by sacked Sydney University lecturer Tim Anderson.


Broncos' retrenchment of assistant coach genuine: FWC

The FWC has declined to hear an NRL assistant coach's late claim that his club unfairly dismissed him during the season's temporary suspension due to COVID-19, but has conceded that he might reasonably feel "particularly aggrieved" about his selection for redundancy.