Case law page 19 of 144

1440 articles are classified in All Articles > Termination of employment > Case law


Burke, Qantas joust over right to intervene in outsourcing case

Workplace Relations Minister Tony Burke has told the High Court that upholding Qantas' challenge to a finding that it unlawfully outsourced ground-handling jobs would lead to a "chronic imbalance" in IR, while the airline argues that the Government should not be allowed to intervene in the case in the first place.

FWC warns workplace policies must be easy to understand

In returning a worker to her job and restoring most of her lost pay, finding the policy the worker breached "might make sense to copyright lawyers and some IT specialists, but probably no one else" the FWC has cautioned that "employer policy documents and manuals must be accessible, understandable and reasonable in their terms".

Casuals not so easily "dispensed with": FWC

Casuals cannot be "dispensed with" simply by reducing their hours to zero, the FWC has ruled, clearing the way for a worker to proceed with his adverse action claim.

"Rogue" HR contractor not to blame for fumbled case: FWC

An employer alleging a "rogue" HR contractor's misconduct robbed it of a chance to defend a supervisor's unfair dismissal claim has failed to convince the FWC to revoke a decision that left it with a $34,000 compensation bill.

Lying not enough to justify sacking: Umpire

In considering the case of a worker sacked for failing to tell his employer about his licence suspension and then lying about it, a NSW IRC member has found that his length of service "'cuts both ways' – the longer an employee’s period of service, the more they can be expected to be aware of the conduct expected of them by their employer".

Jetstar overseer failed to curb farting, harassing subordinate: FWC

A Jetstar maintenance supervisor who referred to colleagues as "dumb c-nts" and tried to destroy the credibility of a complaining subordinate by revealing he was overtly flatulent and openly rubbed his p-nis at work has failed to establish that his sacking involved double standards or unfairness.

Reinstatement ordered after employer's "confected" allegations

The FWC has ordered the reinstatement of a construction worker sacked on the basis of a clutch of "confected" claims that included alleged commuting challenges after losing his driver's licence and his purported concealment of firearms and pornography charges.

Employer entitled to knock back worker's Novavax request: FWC

"Similarities" with the case of a worker awarded compensation after being shown the door for missing a COVID-19 vaccination deadline have not been enough to persuade the FWC that a public utility unfairly dismissed an employee when it denied him a chance to wait for a Novavax jab.

HR manager not required to appear in "cover-up" case

The FWC has ordered a Serco supervisor and corrections officers to front a hearing of an unfair dismissal claim of a prison canine handler who accuses the company of sacking him to cover up the allegedly cruel treatment of a dog that had to have its tail amputated.

Anti-lockdown rallying cry warranted dismissal: Court

A casual Census collector sacked by the ABS for calling on her 7000 LinkedIn connections to revolt against COVID-19 lockdowns has failed to persuade a court that it "violently" discriminated against her.