Case law page 69 of 144

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


COVID-crunched employer wins 70% discount on redundancies

A pandemic-affected employer has succeeded in having redundancy payments to four workers slashed by almost 70%, the FWC finding its perilous cash position and obligation to remaining employees outweighed the impact on the quartet.

Lawyer's admission fails to win extension for worker

In a significant decision considering representative error, a solicitor has failed to convince the FWC that his miscalculations in filing a late unfair dismissal application justified an extension, after the worker waited 15 days to confirm she wanted to proceed.

"Inappropriate" Salvos worker fails to win time extension

A Salvation Army recruitment agency worker accused of threatening to break colleagues' fingers if they adjusted the air conditioning has failed to convince the FWC that her stress disorder and a delayed dismissal letter justified an extension of time.

Members should hold unions to same standards as lawyers: FWC

Members who pursue unfair dismissal applications through their union should expect the same expertise and professionalism as would be provided by a lawyer, the FWC has found in granting an extension of time due to representative error.

Big miner penalised after HR manager's "opaque" evidence

A judge has highlighted an HR manager's "opaque" attempts at explanation in deciding to fine mining giant Glencore for failing to pay a retrenched employee his full entitlement for untaken long service leave.


Bad rap for "cowboy" boss HR couldn't corral

An HR manager unable to influence the "cowboy behaviour" of her employer has helped the FWC establish that he falsified an email to paint as a redundancy his sacking of a manager who complained about his brother.

FWC extends time after late emergence of evidence

A worker has who discovered evidence, two weeks after the deadline for lodging an unfair dismissal claim, that her redundancy might not be genuine, has won an extension of time.

Ferrari HR knew what was going on under the hood: Ex-chief

Ferrari Australasia's former chief executive alleged its HR bosses knew before his sacking that very senior officers routinely had consensual sexual relationships with subordinates, in an adverse action claim now discontinued over privacy concerns.

HR manager's post-merger redundancy genuine: FWC

An HR manager has failed to convince the FWC that a newly-merged company didn't genuinely scrap his role, while his refusal to move from his home town cruelled any redeployment opportunities.