Case law page 136 of 144

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


Bench spikes challenge from sacked Qantas pilot

A FWC full bench has rejected a sacked Qantas pilot's argument that spiking of his drink meant he couldn't be held responsible for s-xually assaulting a female flight crew member during a stopover in Chile.


FWC "less than impressed" by employer's law firm

A senior FWC member has found that "extraordinary" circumstances justified the tribunal accepting a sacked employee's late unfair dismissal claim, while urging the employer to settle to avoid "further criticism and embarrassment for its conduct" and panning its law firm's role in the case.

Look to Kiwi solution for good faith in employment: Riley

Australia could consider adopting a Kiwi-style statutory good faith obligation after the High Court's finding that there is no implied duty of mutual trust and confidence in employment contracts, according to a senior law academic.


Bench upholds orders for Glencore Xstrata to produce documents

A Fair Work Commission full bench has rejected Glencore Xstrata's challenge to orders requiring the company to provide the tribunal with documents relating to its staffing decisions last year at its Collinsville open cut coal mine.

Sacking over "golden rule" breach exposes site's safety flaws

A company that dismissed a rigger for working unsafely at height and then allegedly ignoring a supervisor’s instruction to work differently has been ordered to pay him $9000 compensation, after failing to prove he received sufficiently clear directions.

Reinstatement must be unconditional: Full bench

In its first full bench examination of the Fair Work Act's reinstatement provisions, the FWC has ruled it has no power to attach conditions to orders returning dismissed workers to their jobs.

Prisoner unable to perform his job: Full bench

In a decision that considers the relevance to his employment of a public servant's conduct outside working hours, a Fair Work Commission full bench has ruled that the ATO had a valid reason to dismiss him because his incarceration meant he couldn't carry out his role.

Deliberate dishonesty justified instant dismissal: Federal Court

A five-member bench of the Federal Court has ruled that a company was entitled to summarily dismiss an executive employee for serious misconduct that destroyed the relationship of trust between them, even though it had moved earlier to terminate his employment on six months' notice.