Case law page 119 of 145

1441 articles are classified in All Articles > Termination of employment > Case law


High earning "director" can pursue unfair dismissal claim

The FWC has given the go-ahead for the regional director of a multibillion dollar real estate business to pursue his unfair dismissal claim despite earning well above the income cap, because his duties established he was in fact an award-covered sales representative.

Extension after Cyclone Debbie "Act of God"

The FWC has extended time for an employee who claimed "force majeure" and an "Act of God" after Cyclone Debbie and representative error delayed lodgement of her unfair dismissal application.

Police officer failed to meet conduct expectations: FWC

The FWC has upheld the sacking of an Australian Federal Police officer who stalked and intimidated his ex-partner when he left "used" condoms in her front yard and made offensive remarks on her Facebook page.

FWC rounds on HR model

The FWC has criticised a company for fundamental failures of due process in a dismissal overseen by its HR function and warned that treating workers as human resources runs the risk of ignoring that they are "easily damaged" human beings "and when faulty they should be handled with more care than machines".

Tribunal refuses "Rolls Royce" costs claim

The FWC has refused an employer's application to recoup its costs of defending an unfair dismissal claiming, noting the employer incurred its "unreasonable" $10,000-plus bill because its chose a law firm that provided a "Rolls Royce service".

FWC upholds sacking for abusive emails

As Murdoch University continues to press for termination of its enterprise agreement, its lawyers say an FWC decision upholding the sacking of an employee who used his work email to send abusive messages to the ABS illustrates the deal's outdated provisions.



Tribunal backs dismissal for "cavalier" email breaches

A tribunal has upheld the sacking of a general manager's personal assistant for storing more than 1200 inappropriate and pornographic emails in a "funny emails" folder, but has compensated her because it was harsh.

Bench orders re-determination of safety sacking

An FWC full bench has ordered a re-examination of the sacking of a worker for his "nonchalance" towards OHS obligations, lack of contrition after a workplace mishap and failure to wear safety glasses.