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


Adverse action case revived after judge jumps gun on costs

The self-described former general manager of a "car solutions" company has been given another opportunity to pursue an adverse action claim after the Federal Court found a lower court judge denied him a procedurally fair hearing while also ordering he pay unsought legal costs.

FWC backs sacking of worker who told manager: "You're dead"

The FWC has upheld the sacking of a sales assistant for serious misconduct that included s-xual harassment and threatening colleagues, while conceding the employer could have done a better job of responding to emerging signs of changes in his behaviour.

Folau case to go to trial next year

The Federal Circuit Court has today ordered representative rugby union player Israel Folau to enter into mediation with Rugby Australia and the NSW Waratahs before his unlawful dismissal claim goes to trial on February 4 next year.


HR title add-on helps sink council bid for external lawyers

The addition of 'human resources' to an acting health and safety advisor's job title has helped persuade the FWC that a council can rely on its own employees rather than external legal representation to defend an unfair dismissal case.


Bundy deceit justifies sacking, says FWC

The FWC has upheld the dismissal of an armoured vehicle operator who admitted that he might not have persevered with his case had his employer granted earlier access to "quite damning" CCTV footage

FWC backs sacking for threat to "bring down" managers

The FWC has upheld Great Southern Rail's sacking of a hospitality worker for serious misconduct, finding he threatened two managers with repeated outbursts of verbal abuse that left them feeling "shaken and unsafe".

"Severe reaction" to sacking excuses late filing: FWC

In a decision clarifying the degree to which workers can rely on their state of mind to justify late applications, the FWC has granted an extension to a cleaner "incapacitated" by stress after making serious allegations about her former colleagues.