Case law page 15 of 142

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


Unreported cannabis charge smokes worker

The FWC has upheld Sydney Trains' dismissal of a long-serving station manager for breaching its code of conduct when he failed to disclose serious criminal charges, including possession of more than two kilograms of cannabis he claimed to be holding "for a friend".

Overtime payments don't count towards earnings: FWC

The FWC has rejected an employer's claim that it should throw out an employee's unfair dismissal claim because his earnings exceeded the high-income threshold by almost $40,000.

HR manager slugged $7K for "destructive" sacking

A court has penalised an experienced HR manager held to have humiliated a worker by speaking only to her husband about whether she was quitting and seizing on the first chance to get rid of her to avoid a bullying and harassment case, while the employer faces a near-$100,000 payout.


Homeless worker wins extension

The FWC has granted an 18-day extension for a bin-hire worker to challenge her alleged sacking in light of evidence that her job loss left her homeless and that her limited technological skills scuttled several attempts to use her mobile phone to file her application.

Employer on the rack after manager's "implausible" evidence

The clothing company behind the Calvin Klein and Tommy Hilfiger brands has been ordered to pay a former employee almost $25,000 in compensation and damages after failing to persuade a judge it didn't sack her for complaining about her workload, "unrealistic" deadlines and a colleague's behaviour.

Dog day for handler as FWC backs instant dismissal

A Serco prison dog handler's refusal to cooperate with a HR manager he accused of conducting a fishing expedition, covertly recording their interview and claiming in front of an inmate that he had evidence to "crumble the empire" warranted his summary dismissal, the FWC has held.

Employsure bullied me after parental leave request: Claim

Employsure has rejected a sales worker's claims that it subjected him to discrimination, bullying and coercion after he applied for parental leave and challenged a claimed unilateral downgrading of employees' conditions, and says it does not know how a record he kept of his treatment came to be destroyed.

"Faith stream's" vax views insufficient to sway FWC

The FWC has rejected an unvaccinated child protection officer's faith-based challenge to her sacking, despite claims that requiring her to get a COVID-19 jab is akin to asking a Muslim worker "to have injections that s/he considered not Halal".