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


Tribunal refuses to extend helping hand to sacked worker

A worker sacked after allegedly masturbating at work when he claimed he was scratching a persistent rash between his pubic bone and belly button has failed to establish that his employer discriminated against him on the basis of an impairment.

Test case looms on mandatory vaccinations

In a case likely to be closely watched by employers considering mandatory coronavirus vaccinations, the FWC will probe whether Ozcare unfairly sacked a long serving care assistant who refused a compulsory flu shot on allergy grounds, while the Commission has also weighed-in on the contentious issue of compulsory jabs for Santas.

Employer could not have provided greater procedural fairness: FWC

The FWC has praised the CSIRO's approach to the dismissal of a scientist accused of threatening students he supervised, describing him as a "peddler of false allegations" who sought to characterise almost every interaction with a superior as bullying.



Tribunal delivers brutal takedown of government agency sacking

In a warning about the myriad ways disciplinary investigations can go wrong, the FWC has rejected virtually every finding a large government agency relied on to sack an experienced rail employee who described his dismissal meeting as a "Pearl Harbour" moment.

Dishonesty valid reason for delegate's dismissal

After the FWC reinstated one of two truck driver TWU delegates involved in a punch-up, it has now upheld Toll's dismissal of the second driver because he lied during its investigation – a reason not relied on by the employer.

Wharfies should have heeded health chief's COVID advice: FWC

The FWC has found the MUA should have followed the NSW chief medical officer's advice to return to the docks after OHS representatives issued a "cease work" order in response to wharfies contracting COVID-19 in the early stages of the pandemic.

Full court majority backs coercion call, despite procedural flaws

A full Federal Court majority has found a judge did not deny a building contractor procedural fairness by failing to put it on notice before declaring it breached non-pleaded coercion provisions, during a meeting with undertones of The Godfather.