Case law page 43 of 143

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


Mental health condition warrants extending time: FWC

An Uber driver accused of deliberately driving into a customer has won extra time to file an unfair dismissal claim after the FWC accepted suicidal ideation and mental incapacity following his shunting from the platform amounted to exceptional circumstances.


"Seems unjust", but worker two hours' short of protection: FWC

A small business that sacked a worker and sent him home less than two hours before he served the 12-month minimum employment period to qualify for unfair dismissal protection has successfully fended off his FWC claim.

"Superficial" process undermined sacking: FWC

Inghams unfairly sacked an Ethiopian-born worker for failing to weight-check multiple boxes of turkey leg, the FWC has held, noting its failure to provide a translator while "superficially" adhering to correct procedures might explain why it did not know he was following a supervisor's instructions.

Manager seeking $200K was in cahoots with rival: Ex-employer

A former United Petroleum business sales manager who claims she was sacked for filing a workers' compensation claim and complaining of bullying was in fact ousted for trying to poach its clients and set up a rival business, the fuel retailer alleges.

Ousted over safety concerns, claims casino jet pilot

A pilot engaged to fly casino VIPs in luxury private jets is accusing employer ExecuJet of standing him down for a year and sacking him, while others kept working, because he questioned the safety of international flights during the pandemic.

Bench endorses employer's "commendable" sacking process

A FWC full bench has upheld a finding that a Toll health and safety representative was not entitled to be paid for attending the disciplinary meetings of another HSR, or grabbing a coffee after, and was after a "commendable" process rightfully sacked for falsifying his timesheets.

Sacking claim proceeds after HR manager "strung out" review

A defence contractor's people and culture manager "strung out" a worker who sought a review of his redundancy before finally confirming the employer's view was unchanged half an hour after the deadline for filing an unfair dismissal claim, the FWC has found.

No adverse action where ignorant of rights exercised: Court

An employer has established it could not have taken unlawful adverse action after admitting it might not have sacked a geotechnician for poor attendance a day after she took personal leave if it knew of her illness.

FWC roasts "O'Brien way" of running business

A family-run venue management and catering business with thousands of workers and an "unsophisticated" and "impotent" HR function constructively dismissed its manager at a major stadium after issuing her two "entirely unsatisfactory" warnings for conduct that included requesting free tickets to a Geelong v Richmond AFL game.