Case law page 14 of 81

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


Late unfair dismissal applicant "honoured" her dying mother: FWC

A worker dismissed two days before flying overseas only to discover on arrival that her mother was dying of cancer has had her late unfair dismissal application accepted, the FWC finding it would have been "shockingly callous" to require detailed medical records sought by her former employer.

Rotary penalised for "striking at heart" of workplace laws

Rotary International's "egregious" dismissal of a Sydney-based manager who initiated an adverse action claim has earned it a $50,000 fine from a judge who singled out the organisation's US-based No.2 for her role in a breach that "struck at the heart" of Australian workplace laws.

Regular work, not hours, the key to casual status: Bench

An FWC full bench has allowed a casual worker to claim unfair dismissal after finding a senior tribunal member wrongly focussed on her irregular "pattern" of days and hours in holding she had not met the minimum employment period.

FWC rejects reinstated worker's second bid for costs

In a decision closely examining the FWC's power to award costs, a reinstated worker who was the beneficiary of an earlier ruling has on rehearing failed to persuade the Commission that her employer either unreasonably defended the unfairness of its actions or ignored its poor prospects of success.

Court whacks underpaying directors who pocketed worker's tax refund

Service station owners who required a visa-dependent employee to hand over his tax refund and cover the cost of drive-offs have been ordered to compensate the former console operator and his fellow-worker wife more than $50,000 after a court found them accessorially liable for underpayments.


Slow FWC payment system blamed for late lodgement

The FWC has accepted an unlawful dismissal claimant's contention that the tribunal's "slow processing" of her $73.20 filing fee explained a two-minute delay in online lodgement.

"Assumptions" undermine deed duress claim

In a case clarifying when an employee can claim they signed a deed of release under 'duress', the FWC has thrown out a director's unfair dismissal matter after finding he had ample opportunity to test his assumption that he would not be paid his entitlements if he did not put pen to paper.

"Contemptuous" company should have involved HR: FWC

The FWC has found that it "reflects poorly indeed" on a printing company if it did not investigate sexual harassment complaints an unfairly dismissed female employee made to HR, while it has also referred the employer's "contemptuous" failure to comply with an order to attend the Commission to the tribunal's general manager for further action.

Large employer could have done better: FWC

An Orica labour supplier's redundancy method, in which it surprised a full-time employee during downsizing by handing him a letter confirming the "successful completion" of his role, has rendered the dismissal unfair.