Case law page 60 of 144

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



Employer told me to "rort" JobKeeper: Executive

A manufacturer's commercial manager has accused it of sacking him after he refused to "rort" JobKeeper, following an alleged instruction for employees to reduce sales figures so it could qualify for the scheme.



Retailer says sacked GM refused COVID-19 test

Noni B has hit back at claims it unlawfully failed to provide notice and accrued leave entitlements when it retrospectively sacked the general manager of Rockmans, accusing him of misconduct, cover-ups and refusing to undergo testing for COVID-19.

Award severance clause trumps incapacity provision: Bench

An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.

Tribunal backs sacking of worker who text-harassed HR manager

The FWC has upheld the dismissal of a council worker on a "destructive path", following a day that started with him refusing to wear safety boots and ended with him almost hitting a team leader with his truck and harassing a HR manager.

Redundancy genuine despite HR team's pratfalls

The FWC has accepted an employer's explanation that the "incompetency" of its HR team led it to advertising a redundant position less than two months later and subsequently inviting a former employee to "recommence" his role.

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".