Case law page 11 of 64

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


Have a heart, says full bench

An FWC full bench has upbraided a member for "inviting" an employer to seek to strike out an unfair dismissal claim after the employee failed to follow directions, holding that he didn't meet deadlines due to his baby son's medical condition, which required heart surgery.

Medical director not a danger to public: Tribunal

A tribunal has ordered a health service to reinstate the chair of its credentialing committee dismissed for his role in appointing to an obstetrics job a recovering alcoholic suspected of falling off the wagon at work, rejecting as "absolute codswallop" its claim that the chair now poses a danger to the public.

Elder's ties to land favour reinstatement: FWC

An Aboriginal night patrol officer sacked for timesheet discrepancies has won back his council role after an FWC member took into account "very strong" ties to his remote community and the dearth of alternative employment opportunities.

Bench upholds factory hand's refusal to give finger

An academic has welcomed a significant FWC full bench finding that a worker's refusal to participate in fingerprint scanning did not justify his dismissal and warns that many employers lack awareness of their legal obligations and the potential consequences of biometric technology.

Court temporarily puts sacked OHS rep back in job

The Federal Court has ordered a construction company to reinstate an electrician until it decides whether it took adverse action by sacking him within 10 days of his becoming a health and safety representative and reporting suspected asbestos in a water tunnel.

Company with 140,000 workers lacks in-house IR advocacy expertise: FWC

One of Australia's largest employers has convinced the FWC that it should have access to external legal representation to defend its dismissal of a self-represented employee accused of stealing $400, because its in-house legal and HR personnel lack expertise in IR advocacy.

Court derails injunction bid for sacked delegate

The private operator of Sydney's newest rail line has agreed to continue paying an RTBU delegate pending an expedited trial in July into allegations that it sacked him because he helped prepare for a majority support determination application, after the Federal Court today found serious questions to be tried.

Worker completely violated employer's trust: FWC

The FWC has upheld the sacking of a Telstra business centre's IT technician accused of supplying drugs, accessing p-rnography, sending the director's confidential documents outside the company and remotely locking the entire workplace out of the network during an investigation into his conduct.

Tribunal backs sacking after male-on-male harassment

The FWC has upheld the dismissal of a 63-year-old male employee who sent text messages calling a 37-year-old male colleague his "bitch" and "toy boy" and threatened to "molest" him and squeeze his testicles until it made him cry.

Employer not required to pay idle workers at fire-damaged mill: FWC

A Tasmanian wood mill operator that stood down its workforce after this year's bushfires has established that even though its agreement requires workers to be paid for time lost due to such natural events, it does not have to pay them if it is because of bushfire-damaged machinery.