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


FWC finds cure for premature application

In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.

Tribunal criticises company for conduct "bordering on inhumane"

The Fair Work Commission has criticised a major Australian corporation for failing to give enough support to an employee who sought an internal transfer on medical grounds so that he could continue working, despite finding that his dismissal for abusing a manager was not unfair.

Dismissal meeting support person not an advocate: full bench

The obligation for employers to let employees bring a support person with them to any discussions that could lead to dismissal does not extend to allowing that person to be an advocate, a FWC full bench has confirmed in overturning a ruling by Commissioner John Ryan that an executive director was constructively dismissed.


Employment contrary to Migration Act invalid, FWC rules

The Fair Work Commission has ruled that Subclass 457 visa holders cannot make legally binding employment contracts with employers that are not registered to sponsor them under the Migration Act.

Conscientious objector to social media restrictions loses his job

The Fair Work Commission has emphasised that employers can insist workers comply with social media policies that regulate conduct outside the workplace, in upholding the dismissal of an employee who refused to sign an acknowledgement that he had undergone social media training.


Anti-dobbing culture meant no brake on supervisor's bullying: FWC

A Fair Work Commission full bench majority has urged DP World to address an "anti-dobbing" culture that contributed to its failure to curb a supervisor's bullying behaviour, in a decision upholding the company's dismissal of a subordinate he goaded into assaulting him.

Sacking train driver was adverse action: Court

The Federal Circuit Court has found a rail company took unlawful adverse action when it dismissed a locomotive driver who became sick and anxious and couldn't go through with a competency assessment six weeks after he was involved in a crash.

Appeal bench majority upholds dismissal of prison officers

In a split decision, a NSW IRC full bench has upheld an appeal against orders preventing the dismissal of three corrections officers, after finding that Deputy President Rod Harrison had incorrectly based his decision on whether the officers were guilty of serious misconduct.