Case law page 106 of 142

1414 articles are classified in All Articles > Termination of employment > Case law



Late second medical opinion no basis for overturning sacking: FWC

In upholding the dismissal on medical grounds of a prison officer who was later declared fit, the FWC has noted his union gained permission to obtain a second opinion but also assisted him in making an ill-fated decision not to pursue it until after his termination.

FWC upholds Esso delegates' summary sacking

Two Esso Australia union delegates have failed to convince the FWC that their summary dismissals for isolating and abusing workers who accepted lower-paying contracts were unfair or in breach of the company's disciplinary policy.

Casuals get more flexibility; Wages "stable": RBA; & more

Provisional award clause grants more flexibility to casuals; Wages growth stuck in slow lane, says RBA; HR manager not unfairly sacked for complaints to CEO: Court; Inequality on rise as technology advances, says IMF.

"Lying thief" employee was a scapegoat: FWC

An administration manager sacked for being a "lying thief" has been awarded compensation of more than $13,000 after the FWC found instead that she had likely been made a scapegoat for a business's alleged attempt to commit insurance fraud.


No joy for chief executive "bullied" over bullying investigation

A major medical practice's former chief executive has had his application for a bullying order against two doctor-directors thrown out by the FWC, which observed that "short of storming the barricades" he had no prospect of ever meeting the threshold requirement of returning to his job.


Company secretary "removed" by husband not an employee: FWC

A majority shareholder who "worked very hard" as company secretary of a start-up for more than two years before her board chairman husband informed her she was being removed was not protected from unfair dismissal, the FWC has found.

FWC imposes stringent conditions on employer's legal representation

A senior FWC member has approved an employer's request for legal representation in a dismissal case, but not before requiring hearings be conducted in private, that he be free to provide "appropriate" guidance to the unrepresented former worker, and that he retain the power to revoke permission if the lawyer complicates proceedings.