Case law page 23 of 144

1438 articles are classified in All Articles > Termination of employment > Case law


FWC rejects "evil purpose" behind lawyer's role

A senior FWC member has declined to recuse himself from hearing a primary school teacher's unfair dismissal case after rejecting the suggestion that the Education Department's lawyer, formerly an intern at a regulatory body he briefly headed up, had been chosen "to achieve the evil purpose of influencing" his deliberations.

BHP punted on-hire worker for exercising safety rights: Court

BHP Coal is facing penalties and compensation payments for unlawfully "demobilising" a labour hire truck driver shortly after she refused to dump a load in a poorly-lit area, while it is also accused of "sophistry" in arguing that she had not properly addressed its potential motives.


Worker sacked over coronavirus jab gets day in court

The FWC has found that a worker sacked by the Ubuntu Church for obtaining a COVID-19 vaccination is an employee, clearing the way for her to pursue an unfair dismissal claim.

FWC backs sacking of driver who failed to disclose stroke

A tram driver whose failure to disclose his stroke "strikes at the heart of the employment relationship" has failed to establish that his employer unfairly sacked him, despite one of the employer's doctors breaching confidentiality requirements to set the record straight.

Tribunal spikes questions about Woolies' vax consultations

The FWC has endorsed the consultation process Woolworths used before it rolled-out a group-wide COVID-19 vaccination policy, rejecting a "most unusual" unfair dismissal case in which a worker's social media sprays clashed with his claims that the company left him in the dark.

FWC has no stomach for lawyer's gastro excuse

A lawyer's failure to act with the "level of diligence and expertise required of a competent practitioner" caused a four-day delay in filing his client's unfair dismissal claim rather than the attack of gastroenteritis that ran through his family, the FWC has held.

Academic's Israeli flag swastika no basis for sacking: Court

In a significant ruling on supposed 'cancel culture', a court has found a leading sandstone university and its former deputy vice chancellor breached an agreement's intellectual freedom clause when the institution sacked a lecturer for superimposing a swastika on a posted image of an Israeli flag.

FWC extends time for dismissal claim perceived as spam

The FWC has granted a worker an extension of time after its server "quarantined" his unfair dismissal claim email because of a "dangerous" attachment, but the Commission says that the issue will soon be remedied when it requires lodgement via an online form.

Tribunal's "colonial attitude" claim dismissed

A worker who claims FWC President Iain Ross admitted to having a problem with commissioners' "colonial attitude" has lost his Federal Court bid to sue the tribunal for racial discrimination.