Case law page 26 of 144

1433 articles are classified in All Articles > Termination of employment > Case law


No IR protections for sacked public health CEO: Court

A former public health service chief executive who claimed discrimination on the basis of "severe depression" has failed to overturn a tribunal's finding that it lacks the power to hear his bid for reinstatement and compensation.

Conversion-driven probe "tainted": FWC

The FWC has ordered an ASX-listed company to compensate a casual sacked for falsifying timesheets and failing to take proper breaks, finding his request to convert to permanency prompted the audit that uncovered his breaches.

Court rejects bid to bin mask objector's case

In a case involving one lawyer accusing another of being "either breathtakingly stupid or complicit in the ongoing fraud", a Federal Court judge has today refused to throw out an adverse action case brought by a storeperson sacked for refusing to wear a mask.

FWC upholds sacking of tardy worker, exposes fake vax certificate

The FWC in upholding the sacking of a worker who ran late every day for nearly four years and kept failing to use its bundy system has also identified her fake vaccination certificate and recommended referring her alleged offence to authorities.

No onus on employer to engage with worker's investigator: FWC

The FWC has backed the dismissal of a medically unfit warehouse worker no longer able to fulfil the inherent requirements of his role, finding his employer had no obligation to engage with a private eye he hired to conduct a workplace investigation on his behalf.

Ruling provides guidance for unvaxxed unfair dismissal claimants

A FWC presidential member has issued a 10-point rebuttal of COVID-19-related arguments put by a sacked unvaccinated worker, to help her to consider whether to proceed with positions likely to be "irrelevant" in her unfair dismissal claim and that have been "emphatically rejected in numerous cases" before the tribunal and courts.

$33K for wrongly-sacked COVID-19 mandate objector

A mining equipment manufacturer that admitted to wrongly sacking a warehouse worker for failing to comply with a government COVID-19 vaccine mandate that did not apply to her must pay more than $33,000 compensation, after the FWC slashed her payout by half.

Grounded Virgin flight attendant gets job back

The FWC has reinstated a senior Virgin flight attendant accused of tardiness, stealing snacks, sleeping and watching a movie while on duty, finding pandemic-driven loads on HR delayed the airline's investigation and contributed to procedural fairness deficiencies.

Reinstatement for roadside service mechanic who missed sales targets

In a decision that shines a light on road service provider NRMA's business model, the FWC has found a contractor mechanic's failure to meet KPIs – when he spent too much time with customers and failed to sell enough batteries – did not provide a fair basis for sacking him.