Case law page 2 of 64

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




Employer ordered to reinstate "pain inflicting" firefighter

A tribunal has reinstated a long-serving emergency services worker sacked for using "pain stimuli" on recruits during training, after it found his largely unblemished work history outweighed his misconduct.


Sacked salesperson dug hole, "and kept digging": FWC

The FWC has upheld the sacking of a car salesperson accused of forging a customer's signature to secure finance on a vehicle, finding the alleged misconduct of "sufficient gravity" to outweigh an imperfect dismissal process.

FWC rounds on representative over "shocking" witness statement

The FWC has extended time for a dismissal claim by 41 days due to errors by an IR representative, accusing him of "feckless and egregious" conduct in filing a client's witness statement without showing it to him first.

Employees can't "demand" flexible work arrangements: FWC

While expressing sympathy for a receptionist forced to assume responsibility for her 11-year-old sister after their mother's death, the FWC has rejected her claim she was constructively dismissed when her employer refused to modify her hours and guarantee leave for school holidays.


Costs refused after company secretary got employer's name wrong

A sacked director has failed to win costs allegedly arising from an attempt to paint as a money grab his misnaming of the respondent, the FWC finding his former employer was entitled to object to what was an admitted and "egregious" error.

HR team given approving tick over inherent requirements sacking

In what stands as a best-practice model for inherent requirements dismissals, the FWC has endorsed an HR department's handling of a complex case involving an injured storeperson unable to lift more than five kilograms.