Case law page 74 of 143

1425 articles are classified in All Articles > Termination of employment > Case law


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.


Majority rejects restrictive take on general protections laws

A Federal Court full court majority has given a broad meaning to a section in the Fair Work Act's general protections that says employees must be "able to complain" to establish a breach of their workplace rights.


We did answer the question: Ross to fellow judges

An FWC bench led by Justice Iain Ross has shot back at a full Federal Court direction to properly answer a question posed by the president himself, maintaining it had already done so before highlighting the relevant passages.

Sacked after taking domestic violence leave, worker claims

A former Melbourne Water advisor is accusing the utility of forcing him to take domestic violence leave and failing to provide a promised permanent job after he disclosed that he was experiencing family violence.

Combination of five factors adds up to exceptional circumstances: FWC

The FWC has granted a two-day extension for an aged care worker to file her unlawful dismissal claim after finding the combined circumstances - including the Christmas Eve deadline, her worsening bipolar disorder symptoms and the anniversary of her mother's death - to be exceptional.

FWC upholds ejection of remorseless buttock-tapper

The FWC has upheld Star Casino's sacking of a food and beverage server who said he tapped a colleague's bottom in an act of comradery, accused three workmates of entrapping him and threatened to "raise hell" for his employer.

Glazier's dismissal ruling lacked reflection: Bench

An FWC member must rehear the unfair dismissal claim of a glazier sacked for frequent absences following surgery, a full bench finding he failed to consider whether the employer notified the worker of reasons later found to be valid or gave him a chance to respond.

Pink hair and s-xual objectification didn't justify sacking

The FWC has held that a service station operator "set about" dismissing a worker after she filed a compensation claim, unfairly sacking her over her pink hair, s-xual objectification of a male customer and derogatory comments, despite having some valid reasons.