Case law page 13 of 143

1421 articles are classified in All Articles > Termination of employment > Case law


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.

Disability worker denied sporting chance over accreditation: FWC

A trainee disability therapist sacked for failing to complete the necessary accreditation has won compensation after the FWC found his employer gave him insufficient time to correct the situation following his "confrontational" response to being stood-down.

Swearing at colleague was s-xual harassment: FWC

The FWC has upheld the sacking of a worker for telling a colleague during an argument that "I'll f-ck you in the a-se", finding that the choice of words went "far beyond" simply swearing in the workplace and constituted s-xual harassment.