Unfair dismissal/termination of employment page 40 of 132

1313 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Employer body secures legal representation

The FWC will allow an employer organisation to use external lawyers, despite accepting that it has sufficient in-house expertise, as it defends a self-represented former employee's unfair dismissal claim.

Labour hirers not "exempt" from redeployment obligations: FWC

A FWC member has resisted criticising labour hire company Workpac for mishandling the redundancies of five mine workers due to "extraordinary" COVID-19 circumstances but expressed disbelief at resource giant South32's ignorance of its supplier's statutory obligations.

Pizza slice sacking costs Toyota $276K

A loyal former Toyota manager has been awarded $276,681 damages after being sacked in part because his young son ate some "leftover" pizza purchased on his company credit card during a business trip.


"Forensic" decision on evidence sinks MSD bid: Bench

A FWC full bench has thrown out the AWU's pursuit of a majority support determination for a new agreement covering the Ichthys LNG project after finding the union provided "limited" evidence to show that workers met the threshold of being geographically and organisationally distinct.

Hard to stomach, but BHP worker's sacking not harsh: FWC

BHP did not respond harshly when it dismissed a Thailand-based train driver for making a brief call about a worrying health matter while he travelled slowly along a remote Pilbara line, the FWC has ruled.

Workers' comp "joke" no basis for sacking: Tribunal

The FWC has lambasted an employer over the "unconscionable" sacking of a casual who said he was just joking about making a workers' compensation claim after a COVID-19 related standdown, ordering compensation equal to 24 weeks of JobKeeper.

Costs awarded in worker's "groundless" case

The FWC has made a rare costs order against an unfair dismissal applicant who filed her case while unsure if she had in fact quit in the heat of the moment, before discontinuing it less than 24 hours before the hearing.

Sams slams law graduate in full-throated FWC sign-off

A retiring presidential FWC member has used his final ruling to deliver a withering character assessment of a law graduate and question the benefit of GPs providing mental health appraisals in cases alleging bullying.