Case law page 39 of 143

1429 articles are classified in All Articles > Termination of employment > Case law


Worker reinstated after employer's "grossly disproportionate" action

The FWC has ordered NSW Trains to reinstate a health and safety representative who told his supervisor to "get f-cked" and said he was trying hard not to punch him in the face, while it has pilloried the employer for adopting a "grossly disproportionate" approach to his outburst after ignoring his concerns.

Mining vax mandate; Rioters facing expulsion; & more

Vaccination mandate for WA resources sector; CFMMEU preparing to expel rioting members; FWO claws back underpayments for hotel quarantine security guards; High Court to consider jurisdictional question.

Flexible arrangement ultimately untenable for employer: FWC

The FWC has upheld a construction company's dismissal of a receptionist who juggled work with caring for a grandson with special needs, finding the small business was "exceptionally flexible and considerate" but the situation became untenable.

FWC snarls at Unfair Dismissal Australia's "all bark, no bite" model

The FWC has awarded costs against IR advisor Unfair Dismissals Australia for its "delinquent" representation of a dismissed accountant, observing that a paid agent "should never be a bystander or passenger in the conduct of their client’s case".


Email to defunct address did not alert worker to sacking: FWC

A worker accused of flying into a fit of rage and damaging a room during a disciplinary meeting can challenge his sacking, after the FWC held it took effect when he received the dismissal letter via registered post, not when it was emailed or relayed by a TWU organiser.

"Invasive" urine-sample demand reasonable: FWC

The FWC has upheld the dismissal of an "intransigent" sales employee who declined on "medical" grounds to comply with her employer's lawful and reasonable direction to supply a urine sample for a random drug and alcohol test.


Reinstatement, backpay for nurse sacked over weight

A nurse sacked over her morbid obesity and unfitness to perform duties has won reinstatement and nearly three years' backpay, but a tribunal says she might not sufficiently recover from health setbacks caused by her lengthy suspension and wrongful dismissal.

"Emphatic" rejection of case no basis for costs: Judge

Coles has failed to win more than $25,000 costs sought against an experienced Indian lawyer who unsuccessfully spent almost two years trying to challenge his sacking from one of its supermarkets while qualifying to practice in Australia.