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1441 articles are classified in All Articles > Termination of employment > Case law


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.

HR managers lack "quite specific" advocacy skills: FWC

A 63-year-old worker's summary "time theft" sacking has been upheld after the FWC ruled that his multinational employer's HR team lacked the firepower to argue its case against a union's experienced industrial advocate.

Telstra "bent over backwards" for vax-objector: FWC

As Telstra next week prepares to defend a Federal Court class action on behalf of employees who refused to comply with its COVID-19 vaccination policy, the FWC has held that it met consultation requirements and "bent over backwards" to ensure fairness before sacking a worker with a moral objection to being jabbed.

Discovery of manager's cunning plan punctured credibility: FWC

A manager's email to a client suggesting a listed company might be overcharging almost $70,000 a month constituted a valid dismissal reason, as did sending a confidential document to a former employee even though it was discovered post-sacking, the FWC has held.

Bench rules pay below high-income threshold

A FWC full bench has dismissed an "unusual" unfair dismissal jurisdictional appeal, finding that a worker who took a pay cut due to his employer's financial struggles fell below the high income cap despite the company arguing that the Commission's compensation order proved his pay exceeded the threshold.

Employer got rest rules wrong: FWC

A flight attendant sacked from a Sydney billionaire's private jet for refusing to change hotels before a flight from LA has won compensation, after the FWC found the employer wrongly applied pilots' rest rules and subjected her to an unreasonable order given the time it took her to shop for food for passengers and crew on the long-haul flight.

Second hearing a new trial, not an update: Judge

A judge has been forced to pick apart a full court's remittal order before determining that he must rehear a worker's adverse action case afresh rather than merely considering "updated" evidence.


Sacked worker let down by IR advisor: FWC

The FWC has lamented the "failings" of an IR advisory business that wrongly told an on-hire worker to bring his general protections claim against his host employer.

Rail worker sacked after drinking Johnnie Walker gets job back

The FWC has reinstated a Queensland rail worker sacked for breaching the organisation's zero alcohol policy when he blew 0.025 in a random workplace alcohol breath test, finding the dismissal harsh because of his unblemished 39-year tenure, his age and limited education.