Case law page 9 of 40

393 articles are classified in All Articles > Workplace policy > Case law


Court to hear chief of staff's bid to keep job

The Federal Court will this morning hear a bid by Teal MP Monique Ryan's chief of staff to keep her job until it finishes dealing with her claims that the Federal Government sacked her for refusing to work unreasonable extra hours and subjected her to "hostile conduct".

Employer got rest rules wrong: FWC

A flight attendant sacked from a Sydney billionaire's private jet for refusing to change hotels before a flight from LA has won compensation, after the FWC found the employer wrongly applied pilots' rest rules and subjected her to an unreasonable order given the time it took her to shop for food for passengers and crew on the long-haul flight.

Rail worker sacked after drinking Johnnie Walker gets job back

The FWC has reinstated a Queensland rail worker sacked for breaching the organisation's zero alcohol policy when he blew 0.025 in a random workplace alcohol breath test, finding the dismissal harsh because of his unblemished 39-year tenure, his age and limited education.


Super Retail in the gun for subsidiaries' underpayments

In what it claims is its first litigation seeking to have a holding company found responsible for its subsidiaries' breaches, the FWO has initiated court action against ASX-listed Super Retail Group for self-reported underpayments of more than $1 million that led to an internal audit and backpayments exceeding $50 million that the watchdog says remain short of the mark.

Mineworker sacked for throat-cutting threat gets job back

The FWC has reinstated a mineworker sacked by a Yancoal subsidiary for aggressive and threatening behaviour in which he threatened to cut a co-worker's throat, finding the dismissal harsh because of his unblemished 12-year tenure, his remorse and his PTSD.

Green light for employer to rely on monitored phone calls

The FWC will permit a security company to use telephone recordings of worker's allegedly "extremely offensive" conversations with colleagues in defending his unfair dismissal claim, finding it in line with telecommunications interception laws and surveillance clauses in his contract.

Employer should have been told about Autism diagnosis: Court

A judge has dismissed a worker's claims of disability discrimination and adverse action and upheld his sacking for aggressive workplace behaviour, finding that he should have told his employer upfront of his mental health issues and his autism diagnosis.


No second chance after worker's unapproved leave

The FWC has refused to extend time for a worker sacked after he took unapproved leave to visit a sick relative overseas and filed his unfair dismissal application 15 days late.