Case law page 22 of 144

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



Bench brings sacked flight attendant back to earth

A senior Virgin flight attendant has had her reinstatement overturned after a FWC full bench comprehensively picked apart a finding that procedural fairness deficiencies rendered her sacking for misconduct unfair.

"Surprising" dual HR role contributed to unfair sacking: FWC

A disability service unfairly sacked a worker for calling its female director a "c--t", the FWC has held, finding its "surprising" reliance on a nurse to perform a dual HR role likely to have contributed to its peremptory approach.

Member's shortcut took the wrong course: Bench

A senior FWC member must reconsider an employer's jurisdictional objections to an unfair dismissal application in the correct sequence after a full bench found she leapfrogged several steps the first time around.


FWC backs supervisor's sacking for role in boozy lunch

The FWC has upheld the sacking of a supervisor summarily dismissed for disobeying a reasonable direction when he allowed his team to drink alcohol while celebrating the completion of a major project.

Compensation for youth worker sacked after vax reaction

A Victorian government youth justice worker sacked for not having further COVID-19 vaccination shots after reacting adversely to his first dose has won compensation, the FWC finding the department should have explored redeployment and reasonable adjustments.

FWC ejects "struggling" airline worker's case

A senior FWC member has thrown out an airline catering worker's dismissal dispute after finding a psychologist's assessment that a scheduled telephone hearing should be postponed due to his mental health did not warrant an adjournment.

No-nights nurse wins stay against sacking

The ANMF has won an interlocutory injunction stopping a hospital from dismissing a nurse over a health-related exemption from night shifts while she seeks to establish it is a reasonable adjustment or flexible work arrangement and that night work is not an inherent requirement of the job.

Hitler parody worker gets chance to recoup more lost pay

The creator of a Hitler parody video mocking BP's bargaining process who has already won $200,000 in compensation will get another shot at recouping extra pay he would have earned but for a revoked planned promotion, after a full bench rejected a finding that he is pursuing it by "stealth".