Case law page 11 of 81

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


Court orders in-house lawyer to pay $200,000 in costs

A senior Victorian public sector lawyer who failed to establish that agreement terms had been incorporated into his employment contract has been ordered to pay his employer the $200,000 in costs it sustained through its undertaking to keep him in his job until the finalisation of the case.

Interim bullying orders not anti-sacking "tool": FWC

A senior FWC member says the tribunal cannot issue interim anti-bullying orders merely because there is a serious question to be tried, while it has made it clear to a worker that such an order is not a tool to prevent her dismissal until her matter is determined.

Bench quashes compensation for "intentionally deviant" mineworker

An FWC full bench has quashed a decision to compensate an "intentionally deviant" mineworker, finding a tribunal member wrongly focussed on a BHP subsidiary's perceived failure to follow its Fair Play disciplinary guidelines.

Casual's 100-day-late general protections claim to proceed

A casual worker has won an extension of more than 100 days to file a general protections claim after the Federal Circuit Court found he reasonably acted on incorrect FWO advice and filed his claim in the wrong court.

Bus driver's sacking over mobile calls "disproportionate": Tribunal

In what a union has hailed as a victory for a commonsense approach to mobile phone use, a tribunal has reinstated a bus driver sacked for making two calls while parked with the doors open and the vehicle's dual braking system engaged.


Full court upholds "insubordinate" lawyer's sacking

A full Federal Court has upheld the dismissal of a senior lawyer who publicly criticised government clients of his firm, finding that repeatedly disobeying reasonable directions to desist trumped his right to express a political opinion.


Academic's reinstatement ignores standards: Employer body

A higher education peak body says an order for a university to reinstate a lecturer who failed to meet a requirement to have research published in a top journal, but achieved other benchmarks, "wrongly downplays" a need for academic staff to meet reasonable performance objectives.

Sacked after brought in to "get rid of people", claims manager

The former talent manager of a peak employer body is suing a children and family services provider, claiming it breached adverse action and consumer laws by sacking her soon after she was recruited to "get rid of some people".