Case law page 14 of 142

1414 articles are classified in All Articles > Termination of employment > Case law


Bench refuses to spike unvaxxed worker's tardy dismissal claim

A NSW IRC full bench has quashed the rejection of an unvaccinated worker's bid for a one-day extension to challenge her sacking after a commissioner found it would cause prejudice and that she has little prospect of success, based on arguments her employer did not make.

FWC tells AWU to lift its game

The FWC has extended time by 48 days for a Qantas engineer to challenge his sacking after "particularly egregious" errors by the AWU, telling the union it should take immediate steps to ensure officials are equipped to provide a professional level of representation.

Adverse action case to proceed after departure gate dumping

The FWC has refused to throw out an allegedly out-of-time adverse action case, ruling a FIFO worker only learned he had been sacked when told he had been left off the list of passengers due to board a plane to the worksite.


"Sickos" Facebook poster wins job back

The FWC has ordered the reinstatement of a firefighter who shared an image of naked women in a "sickos" Facebook group of current and former colleagues but upheld the sacking of another who posted p-rnography during his shift, in decisions slamming "tick-and-flick" training.

FWC referring solicitor to Law Society for "nazi" accusation

A FWC full bench has rejected a solicitor's challenge to a $36,000 costs order and will report him to the NSW Law Society over his misconduct in accusing another tribunal member of being a "Nazi" and taking bribes.


Video evidence not the post-pandemic norm: tribunal

In ordering a witness to attend a hearing in person, a NSW IRC member has highlighted "real pitfalls when evidence is not given in person" and emphasised that despite the widespread acceptance of virtual appearances at the height of COVID-19, there is no "presumption in favour of granting an order that evidence be given by [audio-visual link]".

Malware glitch warrants extending time: FWC

The FWC has granted an extension of time for a unfair dismissal application sent six days late because the worker's computer was infected with malware.

Court extends time after lawyer's last-minute filing failure

A worker has won an extension of time due to representative error, after her lawyer tried and failed to make an electronic general protections claim to a court just 10 minutes before the deadline, and only re-filed an acceptable application 16 days late.