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


Safety rep sacked for "non-event" ignored critical protocols: FWC

In a decision highlighting the importance of strictly following safety procedures, the FWC has upheld Griffin Coal's sacking of a safety representative over an incident he considered a "non-event" and an investigation team deemed minor.

Late claim allowed after FWC "system delay"

A tribunal member has determined it would be an "overly formal" exercise of the FWC's powers to bin a late unfair dismissal claim after the applicant was belatedly informed she had filed an incomplete form.



Employer "lie" no basis to reinstate claim: FWC

The FWC has refused to relist a worker's unfair dismissal application despite his claim he withdrew it only after his former employer reneged on an assurance he would be provided with a separation certificate to his liking.

Frozen shoulder and bad back real reasons for sacking: Scientist

A cancer researcher and senior lecturer is suing a university for nearly $750,000 plus maximum penalties, alleging it performance-managed and sacked her because she took leave due to injuries and accused it of failing to accommodate her disability.


"Zoned out" truckie's sacking upheld

The FWC has upheld the summary dismissal of a truck driver who failed to provide a urine sample after a three-hour wait at a medical clinic, finding he did not make a reasonable effort to fix the problem.


FWC permits dismissal claim against deregistered company

After confirming a company's deregistration is no barrier to determining an unfair dismissal claim, the FWC has found the sacking complied with the small business dismissal code but has referred "questionable practices" to the ATO and Home Affairs.