Case law page 138 of 144

1437 articles are classified in All Articles > Termination of employment > Case law


Off-duty groper not unfairly sacked

The dismissal of an employee for groping a bartender while staying at a hotel paid for by his employer was not unfair, the Fair Work Commission has ruled.

Workers who breached safety rules get jobs back

Two mineworkers sacked for breaching "lifesaving" rules at a mine owned and operated by BHP Coal have been reinstated after the Fair Work Commission found their dismissals disproportionate and inconsistent.


Unsworn evidence denied employer natural justice: Bench

A Fair Work Commission member denied an employer procedural fairness when he allowed a self-represented unfair dismissal applicant to escape cross examination by giving unsworn evidence from the bar table, a full bench has ruled.

Summary dismissal in the eye of the beholder: Court

The NSW Supreme Court has ruled that the ANZ Bank did not need to prove that an executive leaked a doctored email to the media before sacking him without notice, only that it had formed the "opinion" that he had.

Company should have called in HR, says FWC

A retail chain could have avoided unfairly sacking a strongly performing store manager for refusing a substantial pay cut if it had utilised its in-house HR expertise, the Fair Work Commission has found.


CEPU fails in costs claim against sacked employee

The CEPU's delay in raising a jurisdictional objection has thwarted its bid to recoup legal costs from an employee who pursued an unfair dismissal claim despite earning more than the salary cap.


Don't bet on same result in TAB dismissal cases

Two council workers who were sacked after visiting the same TAB during working hours have met markedly different fates, with one winning his job back and the other losing his unfair dismissal case.