Case law page 111 of 143

1429 articles are classified in All Articles > Termination of employment > Case law


Bench reverses employer's representation win

An FWC full bench has quashed an interlocutory decision allowing an employer to engage lawyers, finding it incumbent on the tribunal to give a self-represented employee an opportunity to weigh in on the matter.

11-day hiatus not fatal: Bench

A worker will have another shot at seeking a 45-day extension to file his general protections claim after an FWC full bench found he was wrongly refused on the basis that he needed a credible explanation for the entire length of the delay.


Council's HR meltdown led to beach inspector's sacking: FWC

The FWC has ordered a council to reinstate a beach inspector summarily sacked after fixing air-conditioning units that heated instead of cooled its new vehicles, taking it to task over a deeply flawed investigative process that belied the HR and legal expertise available to it.

Social media post had sufficient nexus with workplace: FWC

In an important ruling on out-of-hours conduct, the FWC has found that an employer didn't need to receive a complaint before investigating then sacking a worker for sharing a p--nographic video via social media with friends who included 19 male and female work colleagues.

"Casual" employee entitled to annual leave: Court

In a decision sure to be closely analysed by employers, a court has ruled that a worker is entitled to accrued annual leave despite being paid a casual loading for 15 years.

Career down the toilet after unauthorised absences

The FWC has upheld Bluescope Steel's sacking of a long-serving employee for his "appalling" timekeeping, but has found the company didn't have enough evidence to establish that he defecated in the workplace shower.

FWC ruling underlines importance of proper drug testing processes

The FWC has highlighted the additional credibility provided when employers test for drugs in accordance with the Australian Standard, in upholding a multinational mining company's sacking of a marijuana smoker who breached its zero tolerance policy.

FWC seeks options for dumped employment abandonment clauses

Abandonment of employment clauses have been removed from six modern awards in the wake of an FWC full bench ruling that employers must take the "additional step" of ending the employment relationship when a worker walks off the job.

Bench backs manager's sack for s-xual harassment

An FWC full bench has upbraided a tribunal member for suppressing the name of a sexual harassment complainant without proper consultation, but has upheld the sacking of a manager for the "hostile" and "derogatory" comments he directed at the trainee.