Case law page 36 of 144

1432 articles are classified in All Articles > Termination of employment > Case law


Bench ponders the meaning of "dismissed"

A five-member FWC bench has reserved its decision in a case with far-reaching implications regarding when workers can be said to have been dismissed.

"Extensive" domestic violence explained late claim: FWC

The FWC has provided a one-day extension of time to a worker who presented comprehensive evidence to support her argument that she ran late because she experienced "extensive" domestic violence that led to her being admitted to hospital.

Dozing prison guard reinstated after "procedural muddle"

A prison guard who nodded off during shifts has won his job back after a tribunal found proper account had not been taken of his previously undiagnosed sleep apnea and that his dismissal was affected by a "procedural muddle" featuring two decision-makers reaching different conclusions.

Novavax-awaiting paramedic fails to win anti-sacking order

A paramedic who claims an Ambulance Victoria IR strategist refused to permit her to take long service leave while she waits for the non-MRNA Novavax has failed to obtain interim orders stopping it from dismissing her while she participates in a group challenge to its vaccine mandate.


"Sham" redundancy followed anti-bullying application: Claim

An IT officer is suing the Australian Criminal Intelligence Commission for allegedly subjecting him to a "sham" redundancy motivated by his failed anti-bullying application and personal clashes with a team leader.

FWC full bench rules BHP's vax mandate "unreasonable"

In a decision that threatens to undermine employer attempts to impose COVID-19 vaccination mandates, a five-member FWC bench has ruled BHP failed to adequately consult with workers at its Mt Arthur mine before announcing deadlines on site access.

CUB had right to resist reinstatement of on-hire worker: Full Court

A full Federal Court has dismissed an on-hire worker's bid to overturn a FWC ruling that it could not force a labour hire company to reinstate him to his former job at client CUB, upholding the tribunal's finding giving primacy to the host employer's right to determine who it allowed on its site.

Late application allowed after tardy HR advice

The FWC has extended time for a Victorian tram driver wrongly told he could use his employer's internal appeals process to challenge his sacking, with the advice not corrected by HR until a day after the tribunal's filing deadline.