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


Tribunal backs sacking for excessive personal texting at work

The FWC has upheld the flawed sacking of a health and safety manager after phone records revealed she sent an "extraordinary and unacceptable" amount of text messages at work while overseeing her growing side business.

FWC refuses to extend time despite law firm's failure

The FWC has found a law firm's lack of competence and "grossly unprofessional" conduct primarily to blame for the late unfair dismissal claim of a worker who breached a vaccine mandate, but it has refused to grant a one-day extension due to her role in the delay.

Tribunal backs ACTU's sacking of worker for Facebook posts

The FWC has upheld, despite some procedural failings, the ACTU's dismissal of a call centre employee over Facebook posts that "cheered on" an anti-vaccine mandate campaign, applauded aggression against police, mocked domestic violence, disparaged black people and vilified transgender people.

Sacking upheld after questionable vax exemption

A worker who unsuccessfully sought to take long service leave after Bulla Dairy Foods rejected medical exemption evidence from a since-suspended doctor has failed to establish it unfairly sacked him for breaching a COVID-19 vaccine mandate.


Analyst sacked after complaint about "non-core" duties

A worker made redundant after complaining about performing tasks outside his role description and its effect on his work-life balance has won an adverse action case in a federal court.

Tribunal raises the bar in out-of-hours conduct ruling

The FWC has taken Westpac to task for staging a networking soirée in a sports bar with free alcohol and found it appeared to cloud the judgement of a senior manager who touched a junior colleague's buttocks, but has nevertheless upheld his "catastrophic" sacking.


Law student's challenge to COVID-19 sacking binned

The FWC has thrown out an unfair dismissal case brought by a law student sacked from a full-time job as a legal assistant for failing to get a COVID-19 jab, finding she did not complete the required minimum employment term after taking time off to sit exams.

Pandemic no "shield" for employer's late wages: FWC

The FWC has refused to accept the pandemic as an excuse for an employer's late payment of wages over a six-month period, agreeing to consider a worker's general protections application on the basis that the delays left him with no choice but to resign.