Case law page 16 of 143

1427 articles are classified in All Articles > Termination of employment > Case law


Video evidence not the post-pandemic norm: tribunal

In ordering a witness to attend a hearing in person, a NSW IRC member has highlighted "real pitfalls when evidence is not given in person" and emphasised that despite the widespread acceptance of virtual appearances at the height of COVID-19, there is no "presumption in favour of granting an order that evidence be given by [audio-visual link]".

Malware glitch warrants extending time: FWC

The FWC has granted an extension of time for a unfair dismissal application sent six days late because the worker's computer was infected with malware.

Court extends time after lawyer's last-minute filing failure

A worker has won an extension of time due to representative error, after her lawyer tried and failed to make an electronic general protections claim to a court just 10 minutes before the deadline, and only re-filed an acceptable application 16 days late.

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.