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1414 articles are classified in All Articles > Termination of employment > Case law


Rentokil workers reinstated after FWC finds bug in process

In a decision highlighting the importance of clear policies and adequate investigations, the FWC has ordered Rentokil to reinstate three sales workers summarily sacked for sharing their commissions after finding it a longstanding practice.

WFH employee's "low" keystrokes justified sacking: FWC

The FWC has upheld a major insurance provider's sacking of a work-from-home employee whose keystrokes data revealed inactivity 90% of the time, finding her circumstances "all the more regrettable" given her previous long history of satisfactory service.

"Political opinion" on vaccination not behind BHP sacking: FWC

A BHP in-house labour hire worker has failed to convince the FWC she was sacked in part because of her "political opinion" about COVID-19 vaccinations at a time when the company was pursuing a policy of mandatory jabs.


Alleged forced resignation discriminatory: Lobbyist

Scott Morrison's former policy director has been given extra time to pursue an adverse action case alleging discrimination against one of Australia's best-connected lobbying firms, which claims he resigned after it denied him a stake in the business.

Casual caught up in "pool cleaning" was sacked: FWC

A charity did not "intend" to sack a casual carer seeking to resume shifts after recovering from a back injury, but its dithering and poor communications nevertheless "had that effect", the FWC has found.

Blank form a valid application: Tribunal

In a significant decision on what constitutes a valid application, the FWC has allowed a general protections claim to proceed despite the worker submitting a blank form.

Failure to confirm dismissal counts against employer

The FWC has extended time for a worker to lodge an adverse action case after he mistakenly filed an unfair dismissal claim, finding his refusal to sign his employer's letter terminating his employment did not excuse its subsequent failure to provide written confirmation.

Stressed worker's resignation should have been questioned: FWC

One of the world's largest gold mining companies should have taken a worker's stress levels into account before accepting a resignation prompted by an allergic reaction to eating a cake's icing, the FWC has found.