Case law page 116 of 144

1438 articles are classified in All Articles > Termination of employment > Case law


Reduction in rostered shifts adds-up to dismissal: Tribunal

An employer that took away most of a pregnant cashier's rostered shifts after $300 in shortfalls has been ordered to compensate her after the FWC ruled that the resultant 75% reduction in her pay amounted to a repudiation of her employment contract.


FWC condemns ski patroller to winters of discontent

The FWC has ruled that a major alpine resort did not dismiss a ski patrol team member who had a "long history" of "discontent" with the workplace when it sent him an email last year notifying him that he wouldn't be re-employed this winter.

Hiatus strips dismissed employee of award protection: Bench

While stopping short of categorising a long-time Esso employee who worked overseas as an on-hire worker, an FWC full bench has found that his failure to secure a "substantive" role with the company on return to Australia meant he could not rely on an industry award to protect him from unfair dismissal.


Bench finds flaws in reinstatement of capsicum-spraying officer

A tribunal member who reinstated a transit officer sacked for spraying a minor with capsicum spray should have given greater weight to his past conduct and the viability of re-establishing an employment relationship, a full bench has found.


"Ignominiously memorable" case underlines importance of unfair dismissal protections: FWC

An employer treated a long-serving worker like a "dirty rag" when it sacked her for an alleged incapacity to meet her job's inherent requirements, the FWC has found in what it describes as an "ignominiously memorable" case that provides a "strong foundation for argument against any lessening" of unfair dismissal protections.

Happy ending for worker sacked over JK Rowling book

The FWC has expressed "surprise" at the HR practices of a major courier company that dismissed a depot manager who was partially responsible for a breach of a worldwide embargo on a new JK Rowling book and was the subject of unfounded bullying allegations.

FWC deplores "shabby" treatment of underpaid foreign worker

The FWC has slammed an employer for "behaviour of the shabbiest type" when it "de-rostered" an employee and cancelled his 457 visa sponsorship application because he asked to be paid his minimum lawful entitlements.