Case law page 82 of 143

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


Employees can't "demand" flexible work arrangements: FWC

While expressing sympathy for a receptionist forced to assume responsibility for her 11-year-old sister after their mother's death, the FWC has rejected her claim she was constructively dismissed when her employer refused to modify her hours and guarantee leave for school holidays.


Costs refused after company secretary got employer's name wrong

A sacked director has failed to win costs allegedly arising from an attempt to paint as a money grab his misnaming of the respondent, the FWC finding his former employer was entitled to object to what was an admitted and "egregious" error.

HR team given approving tick over inherent requirements sacking

In what stands as a best-practice model for inherent requirements dismissals, the FWC has endorsed an HR department's handling of a complex case involving an injured storeperson unable to lift more than five kilograms.

Department's failure to use HR experts led to unfair sacking: FWC

The Victorian Department of Parliamentary Services' failure to utilise its HR expertise has contributed to a finding that it unfairly sacked a senior electoral officer on the basis that he lost the trust and confidence of the Labor candidate he served.


Bench delivers opening round win for redundant seafarers

In a decision clarifying the interplay between model terms and agreement clauses, a shipping company facing multiple challenges to alleged redundancies has failed to convince an FWC full bench that a model clause cancels out consultation requirements in its agreement.

Guard awarded $30K after sacking over drunk patient clash

In a reminder of the need for employers to strictly follow disciplinary procedures, the FWC has ordered a hospital pay more than $30,000 to a former security guard unfairly sacked over his treatment of an absconding mental health patient.

Disputed dismissal date not given enough regard: Bench

A tribunal member failed to properly regard the disputed date of an embassy employee's dismissal in refusing to allow him to proceed with a general protections claim, an FWC full bench has found.

"Shock" $1 million legal bill led to director's sacking

The FWC has upheld a cattle station's sacking of a director for serious misconduct, finding he paid himself unauthorised leave and failed to inform the elderly business owners of escalating legal fees of more than $1 million.