Case law page 60 of 143

1425 articles are classified in All Articles > Termination of employment > Case law


Insistent on-hire worker reasonably refused Coles shifts: FWC

The FWC has rejected an on-hire warehouse worker's unfair dismissal case after weighing evidence that he hectored his supervisors so much about returning after an accident that he was put on client Coles' "do not hire" list.

Missing dismissal email an "unexplained vagary of cyberspace": FWC

The FWC has reinforced the importance of dismissals being communicated face to face after finding that a worker's claim she never received an emailed termination letter had to be put down to an "unexplained vagary of cyberspace".

Sacking costs listed company $1.1m despite unsigned contract

An ASX-listed investment house that summarily dismissed an executive director without explanation must pay $1.1 million in damages, after the absence of a signed contract left a court to assess her implied bonus and notice terms.

Heavy fines for employer that orchestrated safety rep's dismissal

An employer and director have been hit with near-maximum fines totalling $60,000 in recognition of the seriousness of the "contrived" dismissal of an OHS representative who raised safety concerns with the workplace regulator.

FWC "misconstrued" approach to general protections cases: Full court

In a significant decision unsettling the FWC's approach to general protections applications, a full Federal Court has ruled that a Commission bench "misconstrued" limitations on the tribunal's powers to first establish whether workers have been dismissed before considering such matters.



Prison officer's "takedown" not excessive: Bench

A prison officer has successfully challenged a finding that he was fairly dismissed for using excessive force on a prisoner with a psychiatric illness, an FWC full bench holding that Victoria's Department of Justice lacked a valid reason.

Costs a matter of interpretation: Court

A labour hire company has failed to win costs against an unrepresented worker who pursued his unfair dismissal claim through four adverse findings in the FWC and Federal Court, a judge ruling that the employer didn't help its cause by declining to provide an interpreter and by filing confusing and irrelevant material.

Multiple misconduct incidents justify dismissal: FWC

A bus driver who replied to a customer complaint by writing "f--k off I know nothing" on his employer's response form did not commit serious misconduct justifying instant dismissal, but his hampering of other employees performing business-critical tasks warranted his sacking, the FWC has found.