Case law page 7 of 98

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

Umpire endorses sacking of casual JobKeeper recipient

The FWC has upheld the dismissal of a casual on-hire food and beverage attendant who did not accept any shifts while receiving JobKeeper payments that significantly increased his income, noting he lacked an incentive to work.

FWC loses patience with tenuous unlawful dismissal case

Observing that "you can only 'lead a horse to water' so many times", the FWC has after nearly a year dismissed what it described as a former university employee's largely incompetent unlawful dismissal claim.

HR manager subjected to musical chairs before sacking: Claim

An HR manager is suing a biotechnology company for humiliating high-rotation desk moves and allegedly hiring a superior for her to report to as a "contrivance" to make her role redundant after she raised pandemic-related OHS and JobKeeper issues.

Senior member fell into logic gap: FWC bench

An FWC full bench has found that a presidential member "Illogically" followed his ruling that a worker might not have been dismissed if fairly treated by calculating he would have worked just three more weeks if afforded due process.

Uninformed applicant helps employer win representation

The FWC has over the objections of a self-represented applicant granted ANZ legal representation in an unfair dismissal case, in part because of the former employee's "rudimentary" understanding as to how her case will proceed.

Sacking upheld despite HR manager's "inept" process

The FWC has upheld an "inept" dismissal bereft of procedural fairness, finding it unlikely to have altered the result for a worker who swore, abused and tried to pick a fight with colleagues while on a warning.

FWC bench spells out prerequisites for legal representation

An FWC full bench has clarified the preconditions for employers being granted legal representation, rejecting a presidential member's opinion that jurisdictional questions are inherently complex and dismissing "bare assertions" about an HR team's incapacity to contest a case.