Case law page 80 of 143

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


"Unidentifiable" consequences help post-midnight claim proceed

In a decision that potentially moves the dial on how much the 21-day deadline for unfair dismissal claims can be stretched, the FWC has in discerning no practical consequences granted an extension to a worker who lodged their form 29 minutes after midnight on a Friday.

Hefty penalty for KKR-backed company that forged payslips

A company "motivated by malice" when it forged documents to cut the leave balance of a chief operating officer it perceived as "a thorn in its side" has been ordered to pay $250,000 in penalties and unpaid entitlements.



Tribunal scolds BHP for procedural fairness defects

The FWC has admonished a BHP subsidiary for taking a "haphazard" approach to its disciplinary guidelines, finding it had a valid reason to sack a mineworker for her "deviant" conduct when she put a s-x toy in a colleague's carry-on baggage, but procedural failings made it unfair.

Explanation for racially-motivated sacking "fabricated": FWC

The FWC has rejected the "post fabricated" inventions of a supermarket owner found to have sacked a casual shop assistant because he preferred workers from Asian-speaking backgrounds, ordering full compensation despite claims it would destroy his business.

"Vague" task list no basis for sacking over productivity: FWC

In a decision highlighting the perils of relying on nebulous performance measures to assess productivity, the FWC has ordered an IT company to compensate an employee dismissed after being assigned a "vague" To Do list.

Dismissal round-up: Spam excuse wins extension; & more

Time extended after application lands in spam folder; Woolies failed to clarify termination date; FWC upholds sacking for taking unauthorised leave; and Tribunal backs dismissal for threat to "kill" manager.


Senior FWC member resists bench's recusal advice

A senior FWC member has sought to contain the fall-out from a full bench decision recommending those conciliating a matter should automatically cease arbitrating it if a party objects, observing that simply sending an email citing the case does not guarantee success for such requests.