Legislation page 4 of 5

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


Tribunal reinstates ATO's "square peg in a round hole"

The FWC has ordered the ATO to reinstate a senior officer dismissed for being a "square peg" that wouldn't fit into a round hole after he was unable to perform the duties of a new role.

Drunk GM's $300,000 damages payout slashed

The general manager of a leading insurance brokerage sacked for his drunken conduct has had his $300,000 wrongful termination damages payout discounted by 70%, after the NSW Supreme Court of Appeal upheld the employer's appeal.

Bank managers "got what they bargained for": Court

A full Federal Court has rebuffed a group of St George Bank managers who claimed the employer engaged in misleading and deceptive conduct when it retrenched them after promising they would receive retention bonuses if they stayed in their jobs during a merger with Westpac.

FWC upholds ATO's sacking of manager who failed to lodge tax returns

The ATO's sacking of a debt collection manager with almost 30-years' service has been upheld by the FWC after it found her failure to lodge personal tax returns over four consecutive years amounted to serious misconduct that warranted dismissal.


Unfair dismissal round-up: Morning sickness justifies extending time; and more

Morning sickness justifies extending time; Legal representation granted in drug test dismissal case; Constructive dismissal by phone justified after vehicle log book failure; Refusal to accept a large settlement not unreasonable, says FWC; and "Informal chat" insufficient consultation for horse trainer redundancy.




Full bench confirms defence personnel not "employees"

A full bench of the Federal Court has confirmed the common law definition of "employee" as it applies to defence personnel after an enlisted serviceperson unsuccessfully argued the Commonwealth had discriminated against him when it took adverse action and sacked him for being HIV positive.