Case law page 2 of 68

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


Employer's failed appeal denies worker extra $5000

An FWC full bench has upheld a dismissal payout to a manager who falsified a medical certificate in order to attend a job interview, while rejecting a bid by the employer to recalculate the figure that would ultimately have seen her receiving $5000 more.

One-off pot smoker's sacking went off the rails: FWC

The FWC has reinstated a rail worker sacked for coming to work the day after he smoked his first joint in 30 years and has taken Sydney Trains to task over its purported zero tolerance for drugs.

Sacked airline employee not persecuted over s-xuality: FWC

The FWC on re-hearing a Chinese airline employee's unfair dismissal case has rejected claims that his supervisor persecuted him because of his homos-xuality, instead finding his blatant dishonesty to be a further valid reason for his sacking.



BHP worker's buckled track fix out of line

The FWC has upheld BHP's dismissal of a track maintenance coordinator who failed to conduct the correct level of risk assessment when a section of rail bowed out on its Pilbara network, rejecting claims he had not been properly educated about the company's guidelines.

Coles worker's adverse action claim to proceed: Bench

A casual Coles employee who worked his last shift in 2014 due to injury has been given the all-clear to pursue a general protections claim after an FWC full bench found he lodged his application within 21 days of his effective dismissal four years later.


Undercover supervisor gathered evidence for guard's sacking

The FWC has upheld the dismissal of a long-serving security guard summarily dismissed after his corner-cutting habits while patrolling a "potentially dangerous" public housing estate were confirmed by a supervisor posing as a trainee.

"Familiarity" with employer no basis for recusal: FWC member

An FWC member has rejected a big employer's call to recuse himself from an unfair dismissal case, finding that his long familiarity with its processes and people remained "beneficial" to the parties despite having recently had one of his decisions involving the company overturned on appeal.