Case law page 40 of 143

1425 articles are classified in All Articles > Termination of employment > Case law


FWC declines to stay case of three-week CEO

The FWC has refused to stay consideration of another case caught up in the High Court's current slate of matters examining employment status, finding that a former chief executive of just three weeks would be unfairly prejudiced if his adverse action claim was delayed.

Law clear about decisions on the papers: FWC bench

An employer will get another chance to argue that it did not dismiss a worker after a four-member FWC bench determined that the company's jurisdictional objection should not have been decided on the papers.

Director's criticism overheard in bathroom: Employer body

WA's peak employer body says COVID-19 prompted it to extend the probationary period of a commercial services director instead of sacking her, before she allegedly shared details of a confidential performance discussion while criticising colleagues in the workplace toilets.

Late application allowed after children's secrecy over sacking

The FWC has allowed a delivery driver's late unfair dismissal application to proceed after finding that his adult children kept news of his sacking from him over health concerns while he completed two weeks' hotel quarantine.

Law firm granted representation to defend solicitor's sacking claim

The FWC will allow a legal firm that provides IR advice to lawyer-up against a self-represented junior solicitor with no post-admission experience who claims to be in a "David and Goliath" situation as he seeks to challenge his dismissal.

FWC backs Qantas grounding of over-age flight crew

The FWC has upheld the dismissal of two Qantas pilots unable to fly internationally after turning 65, drawing parallels with the tribunal's retirement policy while finding it might have been "considerate" to keep them in the departure lounge while they awaited a move to short-haul.

Compensation for manager sacked over unwelcome comments

The FWC has ordered compensation for a bottleshop manager held to have asked a customer "would you like a root hehehe receipt", finding his employer had no excuse for its "procedurally disastrous" sacking after accessing an employer organisation's IR advice.

Worker's quest for employee status fails a third time

The self-described former general manager of a "car solutions" company has failed at his third attempt to persuade a court that he was an employee rather than a contractor, a judge observing that it nowadays takes little more than a laptop to conduct a "modest" business within a business.

Lecturer wins 'cancel culture' appeal

In a significant ruling on academic free speech, a university lecturer has been given a second chance to challenge his sacking for superimposing a swastika on an Israeli flag after a full Federal Court found insufficient weight had been attached to an agreement's 'intellectual freedom' clause.

Twiggy's HR team used defunct email to sack worker

The failure of a major mining company's HR department to delete a worker's old email address despite constant reminders led to notice of his sacking remaining unopened for 20 days, the FWC has found.