Case law page 138 of 145

1441 articles are classified in All Articles > Termination of employment > Case law


FWC rejects one, but accepts another, out-of-time dismissal claim

In separate out-of-time rulings, the Fair Work Commission has rejected a sacked employee's challenge to when his dismissal took effect, but given another employee the benefit of the doubt on the "unreliability" of the tribunal's e-filing system.

Phone porn part of valid reason, but procedure makes dismissal unfair

A company had a valid reason for sacking its sales manager, including the post-employment discovery of pornographic images on his mobile phone, but "substantial" procedural deficiencies made the dismissal unfair, the Fair Work Commission has ruled.

Worker who failed drug test not constructively sacked

A power plant operator who resigned to protect his termination entitlements after failing a workplace drug test was not constructively dismissed, the Fair Work Commission has ruled.


Off-duty groper not unfairly sacked

The dismissal of an employee for groping a bartender while staying at a hotel paid for by his employer was not unfair, the Fair Work Commission has ruled.

Workers who breached safety rules get jobs back

Two mineworkers sacked for breaching "lifesaving" rules at a mine owned and operated by BHP Coal have been reinstated after the Fair Work Commission found their dismissals disproportionate and inconsistent.


Unsworn evidence denied employer natural justice: Bench

A Fair Work Commission member denied an employer procedural fairness when he allowed a self-represented unfair dismissal applicant to escape cross examination by giving unsworn evidence from the bar table, a full bench has ruled.

Summary dismissal in the eye of the beholder: Court

The NSW Supreme Court has ruled that the ANZ Bank did not need to prove that an executive leaked a doctored email to the media before sacking him without notice, only that it had formed the "opinion" that he had.

Company should have called in HR, says FWC

A retail chain could have avoided unfairly sacking a strongly performing store manager for refusing a substantial pay cut if it had utilised its in-house HR expertise, the Fair Work Commission has found.