Case law page 32 of 144

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


Court reinforces that contract is now king

In a case applying the High Court's new guidelines on contractors, a judge has rejected a worker's bid for leave, super and redundancy payments after finding he was not an employee despite averaging 38 hours a week over eight years for a solitary employer.

FWC reinstates Qantas trainer accused of staring at breasts

The FWC has ordered Qantas to reinstate a trainer accused of inappropriately staring at a female employee's breasts during a "distinguishably lewd" safety demonstration, while taking aim at a "ludicrous" video it used to demonstrate s-xual harassment.

Compensation denied after post-sacking threat

A FWC member has applied the "well known 'duck principle'" in holding that a tyre recycling company suspected of phoenixing unfairly sacked a worker who complained about unpaid superannuation, before threatening to kill a director.

Compensation for public servant sacked over Hitler post

A child protection public servant who claimed on Facebook that the military would remove kids from unvaccinated parents and depicted the former NSW premier as Hitler has won compensation after a tribunal found circumstances rendered her dismissal harsh.

Vax mandate attached new "regulatory requirement" to job: FWC

In a thinly-veiled shot at a tribunal colleague who used her position to criticise vaccine mandates, a senior FWC member has emphasised that it is not for the Commission to undermine the law by entertaining parties' "alternative policy preferences".

Lawyer entitled to "fruits of victory": Court

The Federal Court has rejected a law firm's attempt to stay payment of compensation awarded to a junior solicitor, the judge finding he is "entitled to the fruits of his victory" while the judgment is appealed.

Reinstatement for FIFO worker unable to make COVID-19 relocation

The FWC has given an energy company until tomorrow to reinstate a Queensland-based FIFO worker who proved unable to return to WA in time for his roster at the Montara offshore oilfield during the McGowan Government's rapidly-changing COVID-19 restrictions.

Partner's "crisis" sufficient reason for late claim: FWC

Building on previous decisions taking a worker's mental health into account when allowing late unfair dismissal applications to proceed, the FWC has granted a time extension to a seed picker ensnared in her partner's breakdown.

FWC cautions sacked unvaxxed worker after "dirty deeds" accusation

A senior FWC member has laid out the tribunal's arsenal for dealing with those who try to coerce or engage in disorderly or vexatious conduct after a worker accused his employer's lawyer of perjury, deception and having unclean hands in connection with "dirty deeds for the dark overlords".

Four-member bench rules on driver's out-of-hours conduct

A four-member FWC full bench has overturned the reinstatement of a long-serving train driver sacked after he divulged he faced criminal charges for high-range drink driving, ruling that a presidential member failed to properly consider the connection between his out-of-hours conduct and his safety-critical job.