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


Teacher on abuse charge challenging "automatic" dismissal

A union is challenging the WA Department of Education's belief that teachers automatically repudiate their employment if they receive interim negative working with children notices upon being charged with an offence, before their cases are decided in court.

Casual job offer didn't make redundancies non-genuine

The FWC has rejected a multi-pronged attempt by four retrenched dockworkers to establish that they were not genuinely redundant, finding their employer's offer to re-engage them as casuals did not detract from its need to reduce its full-time workforce.

Error-stricken air traffic controller's dismissal stayed

The FWC has halted the dismissal of an air traffic controller who in the space of two months assigned the wrong runway and "lost" separation of aircraft at Sydney Airport, finding that "questions of fact" around the employer's obligation to manage his performance needed to first be settled.

Company too quick to find worker abandoned job: FWC

In a reminder to employers to double-check before assuming a worker has abandoned their employment, a business must pay $7000 to an ex-employee after it withdrew his visa sponsorship over an unexplained three-day absence that turned out to be GP-recommended stress leave.


FWC endorses sacking of harassing "alpha-male"

There is "no place for bawdy offensive alpha-male behaviour in the workplace", the FWC has found, in upholding the dismissal of a male worker for asking a female colleague for a kiss and telling another co-worker that he wanted to "f-ck" his sister.

"Inoffensive" out-of-hours drunkenness doesn't justify summary sacking

The FWC has sent employers a clear reminder of the conditions and processes required to justify summary dismissal, with its reinstatement of a contractor's employee who admitted to vomiting at a major client's after-hours function but denied propositioning one of its managers.

Case a lesson on "proper role" of HR departments

The FWC has castigated an HR department for casting aside its "proper role" when it pursued incorrect allegations and facilitated the unfair dismissal by ambush of a manager it considered an "ongoing management problem".

FWC bares teeth with jail threat

In a rare case, two former operators of a Canberra massage parlour potentially face up to a year in jail for allegedly providing false or misleading evidence to the FWC.

Court reinstates executive who ran afoul of HR manager

A company has been forced to reinstate a long-serving senior executive it sacked more than three years ago following his stoush with an HR manager, while also facing a bill of more than $1 million in back pay, long service leave, penalties and compensation.