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


Esky-throwing excavator drivers compensated for sacking

Two excavator operators who allegedly belittled trainees with "foul tirades" that left them so shaken one walked off the job have won compensation, the FWC finding their dismissal was procedurally unfair.

Put names to dismissal decisions, FWC tells employers

A senior FWC member has cautioned companies against sending dismissal decisions "up the line" without revealing the final signatory's name, observing such opacity could influence whether the process is found to be fair.

Lawyer not sacked for political stance: Court

The Federal Court has upheld a lawyer's dismissal after he strongly criticised clients of his firm in a newspaper opinion piece, the judge finding his contract "expressly" stipulated both parties could terminate the relationship without cause on three months' notice.

BP worker fairly sacked for Hitler parody of EA negotiations

The FWC has upheld the dismissal of a BP technician who created and shared a Hitler parody video of the company's protracted bargaining with oil refinery workers, finding he depicted senior managers as Nazis and referenced details known only to those involved.



Adverse action case revived after judge jumps gun on costs

The self-described former general manager of a "car solutions" company has been given another opportunity to pursue an adverse action claim after the Federal Court found a lower court judge denied him a procedurally fair hearing while also ordering he pay unsought legal costs.

FWC backs sacking of worker who told manager: "You're dead"

The FWC has upheld the sacking of a sales assistant for serious misconduct that included s-xual harassment and threatening colleagues, while conceding the employer could have done a better job of responding to emerging signs of changes in his behaviour.

Folau case to go to trial next year

The Federal Circuit Court has today ordered representative rugby union player Israel Folau to enter into mediation with Rugby Australia and the NSW Waratahs before his unlawful dismissal claim goes to trial on February 4 next year.