Case law page 79 of 143

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


Customer feedback "unfair" performance measure: FWC

In a decision that might convince employers to reconsider using client feedback as a basis for KPIs, the FWC has highlighted Audi's "astounding" absence of HR specialists in finding it unfairly dismissed a service advisor for failing to meet benchmark customer survey scores.

Repeated mobile use did not warrant instant sacking

A gym must compensate a martial arts instructor for taking the "unnecessarily harsh" step of summarily sacking him, despite the FWC finding it within its rights to give him his marching orders for constantly using his phone while supervising classes.



"People like you can't get pregnant" remark justified sacking

The FWC has upheld the dismissal of an Energy Australia employee who told one colleague she could not get pregnant due to her sexuality and suggested to another that he was related to Deepak Chopra because of his Indian descent.

Super-union debuts; Bench scuttles offshore deal; & more

NUW deregistered, UWU out of the blocks; Wrong rate claim sinks offshore deal, Bench rules; Google no answer to getting dismissal right; and Cop's bid for early long service leave rejected.


Tribunal's wings not clipped by Chairman's Lounge membership

A senior FWC member has declined to recuse himself from a case involving Qantas, rejecting suggestions that he could be compromised by his enjoyment of the many perks that come with access to the airline's invitation-only Chairman's Lounge.

Brawl at BHP Xmas party justifies sacking

The FWC has upheld the sacking of a BHP Coal mineworker who punched a supervisor in the face and asked a colleague if she had "fake t-ts" at a company Christmas party, but has reinstated another employee dismissed for serious misconduct at the same event.

Excessive hours left BT manager no option but to jump: FWC

The FWC has found Westpac subsidiary BT unfairly dismissed a business development manager by giving him "no effective or real option but to resign" when it failed to deal with his excessive working hours or investigate his complaints against a former mentee.