Case law page 12 of 142

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


Academic's 'cancel culture' win on hold

A Sydney University lecturer sacked for superimposing a swastika on a posted image of an Israeli flag has nominally won his job back, pending the result of the institution's appeal against a finding that his 2019 dismissal breached its agreement's intellectual freedom clause.

Stay for teacher accused of s-x with student

A tribunal has stayed a teacher's unfair dismissal claim while he awaits the result of his "working with children" check, after the NSW Department of Education sacked him for allegedly contacting a student on Grindr and then having s-x with him at school.


FEG should pay agent's delayed commissions: Court

Despite warning of an "unbounded period" of entitlement, DEWR has failed to overturn an AAT finding that a real estate salesperson is eligible for FEG payments reflecting sales commissions that did not fall due until properties settled after the 13-week statutory window.

"Cultural duty" doesn't displace employment obligations: FWC

The FWC has ordered a company to compensate a long-serving 72-year-old worker sacked via a text declaring it had made his position "an honorary role", after hearing its general manager felt he had a cultural duty to show respect for his elders and sought to soften the blow.


Manager "exploited" power imbalance with migrant employer: FWC

In a rare instance of the "power imbalance" between employer and employee being reversed, the FWC has found that a worker hired to help a migrant family earn a business visa by running a regional bakery unilaterally reduced his hours without cutting his pay.


Worker wins anti-suit injunction

A manager has won an anti-suit injunction against his employer after it responded to his Federal Circuit and Family Court case seeking unpaid statutory entitlements by filing a cross-claim in a lower court.

Labour supplier failed in duty to accidental thief: FWC

The FWC has found that although a worker's accidental removal of tools from a mine site provided a valid reason, his sacking was unfair because his labour hire employer failed to investigate the incident and didn't give him proper notice, or the opportunity to respond.