Case law page 88 of 143

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


Error in written decision no indication of bias: FWC

An FWC member has rebuffed an employer's claim that he should recuse himself from hearing an unfair dismissal case on the basis of an ultimately admitted error he made in writing up a jurisdictional decision.

Retrenched workers target world-leading defence contractor

Fifty retrenched employees are suing of one of the world's largest defence contractors for alleged underpayment of leave and redundancy entitlements expected to exceed $1 million, with some veteran workers arguing that AWA transitional instruments continue to apply.


"Discipline" underperforming agents: Chief commissioner

The head of Western Australia's Industrial Relations Commission has vented her frustration at the efforts of an unfair dismissal advocate by expressing a desire for legislative changes that would empower the tribunal to "discipline" underperforming agents.

"Insist" on legal advice refund over flawed dismissal: FWC

The FWC has slammed a childcare centre for a "hopelessly flawed investigation" that led to a teacher being sacked over false allegations she mistreated a child, suggesting the owner should claim his money back for poor legal advice.



Tribunal member's questions leading, but not unfair: Bench

An FWC full bench has cleared the way for a commissioner to redetermine an employer's objections that a worker allegedly sacked when a stranger handed her an unmarked envelope at her home did not qualify for unfair dismissal protection because it should be deemed a small business.

Sick chef's sacking "extraordinarily heartless"

A wholefood store that summarily dismissed a chef after a three-day absence for cancer treatment has failed to establish that he abandoned his employment, the FWC slamming its "extraordinarily heartless disregard".

Contrition over HR manager's silence needs more than words: FWC

In a penalty decision ordering the local arm of a global conglomerate to pay a further $20,000 to a supervisor unlawfully sacked by an HR manager within her probationary period, a court has cited the company's failure to find out more about the contravening conduct and whether it needed to minimise the risk of it reoccurring.