Case law page 31 of 144

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


Tribunal rejects prison officer's "s-xual horseplay" defence

The NSW IRC has upheld the sacking of a prison officer who assaulted a colleague outside work, observing that the victim's evidence should not be "impugned" just because she remained in an abusive relationship.

Extension granted for nurse to challenge "charity" sacking

A nurse who is contesting her sacking for allegedly donating her employer's property to a charity has won an extension of time due to representative error, after her solicitor filed her unfair dismissal application five hours after the 21-day deadline.

Airline loyalty program membership no basis for bias: FWC

An FWC member has rejected a recusal application from employees Virgin Australia dismissed for refusing to disclose their vaccination status, amid concerns that his frequent flyer membership made him biased.

FWC backs BHP's sacking of breast-grabbing mineworker

In a case that illustrates sexual harassment problems at remote mine sites, the Commission has upheld BHP Billiton's sacking of a service technician after he groped and pursued two young female cleaners, prompting one to leave the "too unsafe to return" worksite.


Pay cut not a dismissal: FWC bench

In a significant decision regarding the statutory meaning of "dismissed", a five-member FWC bench majority has ruled that an employer did not sack a worker when it shaved almost 10% off his annual pay for disciplinary reasons.

ANAO ordered to reinstate COVID-vulnerable WFH auditor

The FWC has taken the National Audit Office to task for revoking permission for a veteran public servant "at increased risk" from COVID-19 to work from home and then sacking her after she refused to return to Canberra while she cared for her dying uncle at their second residence.

Worker's implications sailed close to the wind: FWC

A support worker came close to committing an offence when she implied that an FWC presidential member behaved in an unusual manner and interfered to reduce her settlement during a conciliation conference.

No bias in adjournment refusals: FWC

A FWC presidential member has rejected an employer's last-minute recusal application, made after she denied its bid for an adjournment.

RSPCA gone to the dogs: Claim

RSPCA Queensland's former general manager and chief financial officer are suing it for allegedly subjecting them to sham redundancies in retaliation for "whistleblowing" corruption claims levelled at its chief executive, a HR manager and others.