Case law page 135 of 144

1433 articles are classified in All Articles > Termination of employment > Case law


FWC flushes away employer's trust and confidence qualms

The FWC has reinstated a portable toilet delivery driver sacked for a safety breach, after rejecting his employer's claims that he shouldn't be returned to the job because it no longer had trust and confidence in him.

Employer cleared to "punish" worker who defied order

An employee dismissed for misconduct might now face imprisonment and penalties for contempt after failing to comply with a court order to repay more than $25,000 to his former employer.

Unfair dismissal round-up: Employer denied lawyer; and more

Employer can "effectively represent itself"; It's peculiar: Bench overrules refusal of name change; Employer pays for hitting snooze on investigation; Dating a no-no on employer phone, says FWC; and Hairdresser's evidence doesn't cut it.

Westpac manager's conduct undermined trust/confidence: FWC

The FWC has upheld Westpac's summary dismissal of a bank manager who breached six of the seven principles in the bank's code of conduct when he failed to disclose an affair with a subordinate and breached a restraining order she took out.

32-second delay "exceptional": FWC

A sacked manager has won an extension of time for her late unfair dismissal claim, after the FWC accepted that her lawyer was responsible for lodging it 32 seconds after the 21-day cut-off.




Employer fails to prove "frustration" of employment contract

The Fair Work Commission has given a school religious education coordinator the green light to proceed with his unfair dismissal claim after his employer failed to establish that his employment ceased via the doctrine of frustration.

LinkedOff: OHS manager sacked over abusive emails

The Fair Work Commission has refused to reverse the dismissal of an OHS manager who used his employment-related LinkedIn account to send abusive personal emails, directed "expletive rich" language at his manager and declined to participate in a performance plan.