Case law page 62 of 144

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




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.


Worker's post-dismissal mental state warrants extension: FWC

The FWC has granted a 55-day extension for a legally blind worker to challenge his sacking over a Facebook exchange after considering its effect on his mental state and his steps to obtain the assistance of disability and law advocates.

Nokia makes right call on "abrasive" worker's dismissal

The FWC has endorsed an employer's exemplary performance improvement process in upholding the sacking of an "abrasive" 60-year-old technician whose messy office was said to resemble a boys' bedroom.

Application proceeds despite lawyers' email mix-up

Avoiding a need to consider an extension of time, the FWC has decided to waive the requirement for a former John Holland Group employee to strictly comply with lodgement rules after his lawyers sent his application to the wrong email address.

Court upholds young doctor's sacking for breaching boundaries

While acknowledging the potentially "considerable" impact on a probationary doctor's career, the Federal Court has on appeal rejected that her bullying complaints were the real reason for her sacking, rather than her breach of professional boundaries and directions on confidentiality.

Political bias claim sustains shaky unlawful sacking case

The FWC has over a university's jurisdictional objections allowed a professional officer's largely "incompetent" unlawful dismissal claim to proceed, inviting him to re-submit an application confined to alleged discrimination on the basis of political opinion.

Compensation for manager "restructured" out of job

An employer that restructured a senior manager out of his job and did not consider him for a new role because its director considered him an underperformer must pay him almost $18,000, the FWC finding it was not a genuine redundancy.