Case law page 33 of 144

1438 articles are classified in All Articles > Termination of employment > Case law


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.

Ex-cop gets to argue force discriminated against him

A full Federal Court has cleared the way for a police officer injured while on duty to argue the NSW police commissioner acted in a discriminatory manner in demoting then medically discharging him.

State tribunal can consider police officer's dismissal: High Court

In an important ruling on the NSW IRC's jurisdictional powers, the High Court has found that a since-repealed provision did not prevent the State tribunal considering a police officer's unfair dismissal case that challenged his forced retirement on medical grounds.

Professor reinstated after "consensual" tryst with student

A university professor who won reinstatement after being sacked for being "s-xually intimate" with a student during a naked swim has failed to have his and his employer's names removed from the FWC's published decision, despite his concerns the case will attract extra publicity because he is a namesake of the Australian Prime Minister.

Disputed sacking reinforces need to update contact details: FWC

In a decision underlining the responsibility of workers to keep their contact details up to date, a senior FWC member has refused an unvaccinated worker's bid for a one-day extension to challenge his sacking by email on the basis he did not get the message.