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46 articles are classified in All Articles > Termination of employment > Legislation

Independent contracting arrangement a façade: FWC

The FWC has found a roof tiler is an employee who can make an unfair dismissal claim, ruling his employer created an independent contracting "façade" to suit its own purposes and avoid paying his entitlements.

Sacking a wee bit too harsh, says Commission

A garbage truck driver sacked for urinating in a CBD laneway during his shift has won his job back after the Fair Work Commission found he paid too high a price for his misconduct.

Ruling highlights boundary for assistance to unrepresented parties

An FWC full bench has expressed "grave reservations" about a member's assessment of compensation for a dismissed worker, in a case that illustrates the limits to the assistance the tribunal can extend to self-represented litigants.

Valid to sack worker for "bullying" Facebook post: FWC

A worker who made derogatory comments about a supervisor on social media has won $28,000 compensation because he was never told his dismissal was partly based on a confidential report claiming his behaviour had a negative effect on his colleagues.

Court makes important ruling on "reasonable notice"

A court has made it clear that employers can be obliged to provide reasonable notice beyond requirements in the NES, in an adverse action case triggered by a general manager's sacking for comments about a major client's pregnant wife that "when you have a baby your wife is ripped from asshole to c--t and it never looks the same again".

Worker loses job after bid to expose "biased" selection process

A public servant who unsuccessfully argued his employer took adverse action against him when it failed to promote him has had his unfair dismissal claim rejected after allegations emerged that he submitted a "dummy" job application to bolster his claims.

"Traps" in Sodexo assurances make HR promises "meaningless"

Cleaning contractor Sodexo has been unable to escape paying severance to some workers it transferred to a new employer, after the FWC found it failed to find them acceptable alternative work and criticised "misleading traps" that rendered "meaningless" its national HR manager's "guarantee" their entitlements would be protected.