Case law page 61 of 143

1430 articles are classified in All Articles > Termination of employment > Case law




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.

Worker seeking to maintain JobKeeper cleared to challenge sacking

A casual waitress who filed an unfair sacking claim almost 50 days after her employer sent her a dismissal letter and removed her from JobKeeper does not need an extension as she was unaware of the development, the FWC has held.




We're not responsible for HR consultant's errors: Company

A marine services company has failed to convince the FWC that it would be unfair to hold it accountable for the errors of an HR consultant by making it pay redundancy entitlements to a manager it offered to redeploy after a business transfer.