Case law page 41 of 143

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


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.

NRL bubble no excuse for late application: FWC

An "overwhelmed" manager caught up in her husband's hurried relocation to an interstate NRL bubble has been refused a six-hour extension to contest her redundancy, despite the FWC finding she had an arguable case.

Legal fees suck up sacked workers' compensation

The FWC has questioned the choices that left two sacked childcare workers out of pocket despite being awarded compensation of 21 weeks' pay, observing that a "realistic" approach to the employer's settlement offer would have avoided costs that included having a barrister represent them before the tribunal over three days.

Police escort for lawyer claiming employee status

A graduate lawyer who proposed the terms of his legal supervision arrangement has failed to persuade the FWC he was an employee when the firm allegedly sacked him three times before having him escorted from its office by police.

No recusal for FWC member after "something fishy" claim

A senior FWC member has declined to step aside from hearing a resuscitated case involving the Commission's own email fail, covert recordings, a threat to kill and an alleged extortion attempt.

Tribunal chips "point-scoring" lawyers

The FWC has criticised the lawyers of an unfair dismissal applicant and his former employer for "point scoring" conduct falling foul of professional conduct rules, while rejecting the latter's costs bid and claim it did not sack the worker despite announcing his redundancy.

$2m adverse action case puts uni tenures under microscope

An academic's $2 million adverse action case against a university's HR department has been transferred to the Federal Court, a judge observing that its outcome has "significant" implications for the tertiary sector's ability to scrap tenured positions funded by endowments.