Case law page 104 of 143

1424 articles are classified in All Articles > Termination of employment > Case law


Barrister avoids costs as sacked HR manager slugged $71,000

A court has imposed a $71,000 costs order on an HR manager who took a "scattergun" approach to challenging her dismissal, but has stopped short of imposing a similar order on her high-profile Sydney barrister, despite criticising his role in the case.

"Intentional" CV errors justified dismissal

Dismissing an employee for providing false and misleading information during the recruitment process was not unfair, despite procedural failings by his employer, a tribunal has ruled.

Duty of care didn't include foreseeing attack: FWC

The FWC has rejected a dismissed employee's contention that a company's duty of care extended to anticipating that he would act in a violent and threatening manner towards a co-worker.

Lewd Instagram post to young nurse warranted sacking

A major private hospital justifiably dismissed a 47-year-old employee for sending an Instagram post "of a s-xual nature" to a young graduate nurse he barely knew, the FWC has found.

No cheer for pub worker who pummelled pants-off patron

A licensed hotel's duty manager, dismissed for allegedly assaulting an "obnoxious" patron parading around with his pants off, has had his unfair dismissal case dismissed by a senior FWC member who ruled it would be unfair to ask the employer to defend the case after he provided an unconvincing medical certificate to explain his last-minute no-show at a scheduled hearing.


FWC backs ejection of "sexist", "exclusionary" overseer

The FWC has upheld Toyota's sacking of a supervisor for improperly exercising his power, finding his "benevolent sexism" and inappropriate behaviour towards a group of young, female fixed-term contractors created a weird, dirty and unhealthy environment.

FWC upholds sacking after family violence

The FWC has found "justified, proportionate and fair" the summary sacking of a health worker whose duties included running a men's group that addressed issues including domestic violence, after police arrested and charged him with assaulting his partner.

"Sad" echoes of stolen generation in unlawful sacking: FWC

The FWC has found an Aboriginal corporation took unlawful adverse action by sacking three cultural heritage field officers for failing to prove ancestral connections, noting it was a by-product of the misery inflicted on victims of the stolen generation.

Indemnity costs against employee who sought to punish employer

The FWC has taken the rare step of ordering indemnity costs against a manager accused of HR breaches, finding she kept pressing a "doomed to fail" unfair dismissal application in a bid to inflict maximum harm, but it has thrown out a costs claim against her solicitor.