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1457 articles are classified in All Articles > Termination of employment > Case law



Westpac wins suppression orders in adverse action case

In a court ruling a major media organisation argues could curtail open justice "in every proceeding", a judge has blocked the release of documents until attempts to reach a mediated settlement in the adverse action case have been exhausted.

Retailer urged to reflect on "subjective" redundancy process

The FWC has urged David Jones to improve its retrenchment processes, while opening the way for a long-serving worker to pursue an unfair dismissal case after the department store deemed her unsuitable for redeployment to an area serving "elevated" clientele.

High Court asked to reject "narrow" definition of work

Extending employers' duty of care to the disciplining and sacking of workers would not "frustrate" contractual certainty or disrupt businesses, lawyers for a charity's former consultant have told the High Court.

"Substantial" roster changes prevent redundancy pay cuts

The FWC has refused to reduce two FIFO workers' redundancy pay, finding that redeployment offers did not amount to "other acceptable employment" because they were given insufficient time to consider roster changes that would also have reduced their time at home.



Valid reason "need not be the one given": FWC

In a case that yesterday earned a mention in Parliament, the FWC has overlooked an employer's reasons for sacking a volatile employee to find that his own evidence that he was "not right" to return to work because mental health issues justified the dismissal.

"Widespread" under-classification in community sector: Report

Inadequate award descriptors and lack of opportunity to progress through the award classification system have contributed to rife underclassification in the social and community services sector, a new survey has found.

"Theft" case errors not significant enough: Bench

A FWC bench has upheld a ruling that a club unfairly sacked a casual duty manager after accusing her of stealing a drink, but not before rejecting a presidential member's finding that the "theft" needed to be established "beyond reasonable doubt" and that the employer used an "intimidatory" dismissal process.