Case law page 122 of 144

1440 articles are classified in All Articles > Termination of employment > Case law


Independent contracting arrangement a façade: FWC

The FWC has found a roof tiler is an employee who can make an unfair dismissal claim, ruling his employer created an independent contracting "façade" to suit its own purposes and avoid paying his entitlements.

Social media resister not ripe for redeployment: Tribunal

The FWC has upheld the dismissal of a "competent and conscientious" communications advisor with an extensive media background, accepting he could not be redeployed because his resistance to social media made him unsuited to the new role's demands.

Bulging pockets cost flight attendant his job

The FWC has found Qantas should have implemented a penalty "lesser than dismissal" for a long-serving flight attendant who stole alcohol from a flight then lied about it, but has rejected reinstating him because it might "condone" theft.


FWC to assess whether Heydon inquiry evidence admissible

The FWC is set to consider whether the NUW can rely on evidence provided to the Heydon Royal Commission to defend an unfair dismissal claim from the brother of former NSW branch secretary Derrick Belan.

Sacking a wee bit too harsh, says Commission

A garbage truck driver sacked for urinating in a CBD laneway during his shift has won his job back after the Fair Work Commission found he paid too high a price for his misconduct.


FWC rejects Howard-backed unionist's appeal

An Australia Post employee who two decades ago won the support of then shadow IR minister John Howard in postal union elections has failed to win his job back after an FWC full bench rejected his appeal.

Angry management justified dismissal: FWC

An IT start-up was justified in sacking a manager because he was prone to "angry outbursts" and failed to invoice customers, resulting in a $35,000 shortfall for the business, the FWC has found.

Dismissed Roy Hill worker's asthma "frustration" no justification for abuse

The FWC has upheld the dismissal of a FIFO worker at Gina Rinehart's Roy Hill iron ore mine after finding his frustration over a medic's insistence that he suffered from anxiety rather than asthma did not excuse him abusing her and telling her to get some "schooling" because she was going to "kill someone".