Case law page 74 of 144

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


Bench quashes compensation for "intentionally deviant" mineworker

An FWC full bench has quashed a decision to compensate an "intentionally deviant" mineworker, finding a tribunal member wrongly focussed on a BHP subsidiary's perceived failure to follow its Fair Play disciplinary guidelines.

Casual's 100-day-late general protections claim to proceed

A casual worker has won an extension of more than 100 days to file a general protections claim after the Federal Circuit Court found he reasonably acted on incorrect FWO advice and filed his claim in the wrong court.

Bus driver's sacking over mobile calls "disproportionate": Tribunal

In what a union has hailed as a victory for a commonsense approach to mobile phone use, a tribunal has reinstated a bus driver sacked for making two calls while parked with the doors open and the vehicle's dual braking system engaged.


Full court upholds "insubordinate" lawyer's sacking

A full Federal Court has upheld the dismissal of a senior lawyer who publicly criticised government clients of his firm, finding that repeatedly disobeying reasonable directions to desist trumped his right to express a political opinion.


Academic's reinstatement ignores standards: Employer body

A higher education peak body says an order for a university to reinstate a lecturer who failed to meet a requirement to have research published in a top journal, but achieved other benchmarks, "wrongly downplays" a need for academic staff to meet reasonable performance objectives.

Sacked after brought in to "get rid of people", claims manager

The former talent manager of a peak employer body is suing a children and family services provider, claiming it breached adverse action and consumer laws by sacking her soon after she was recruited to "get rid of some people".

Worker offered free legal advice in tribunal balancing act

A senior tribunal member has taken the rare step of steering an unfair dismissal claimant towards the FWC's free legal advice service as a means of counterbalancing any "potential prejudice" arising from his decision to allow an employer to be represented.