Case law page 5 of 64

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


HR title add-on helps sink council bid for external lawyers

The addition of 'human resources' to an acting health and safety advisor's job title has helped persuade the FWC that a council can rely on its own employees rather than external legal representation to defend an unfair dismissal case.


Bundy deceit justifies sacking, says FWC

The FWC has upheld the dismissal of an armoured vehicle operator who admitted that he might not have persevered with his case had his employer granted earlier access to "quite damning" CCTV footage

FWC backs sacking for threat to "bring down" managers

The FWC has upheld Great Southern Rail's sacking of a hospitality worker for serious misconduct, finding he threatened two managers with repeated outbursts of verbal abuse that left them feeling "shaken and unsafe".

"Severe reaction" to sacking excuses late filing: FWC

In a decision clarifying the degree to which workers can rely on their state of mind to justify late applications, the FWC has granted an extension to a cleaner "incapacitated" by stress after making serious allegations about her former colleagues.


Compensation based on "barest of evidence": FWC bench

An FWC full bench has thrown out a $40,000 compensation order made against an employer found to have unfairly dismissed a worker, ruling that a senior member erred in failing to categorise it as a small business.


Biometric scan objector's mis-steps deny him reinstatement

The FWC has declined to reinstate a worker found to have been unfairly sacked for refusing to participate in fingerprint scanning, partly because he wanted to "continue to agitate" his concerns about the issue, while it has also warned him against any further "contemptuous" and "rude" conduct towards tribunal members.

Employer hit with costs after spurning "parasitic" settlement offer

A Canadian company must pay party-party costs after failing to seek advice from Australian employment law experts in contesting a former Sydney-based project manager's unfair dismissal claim, its chief executive instead rejecting a settlement offer as "parasitic and disgusting".