Case law page 44 of 144

1438 articles are classified in All Articles > Termination of employment > Case law



"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.

Employment relationship not broken by resignation: FWC

A five-day hiatus between resigning from a fixed-term position and re-starting the same job on a casual basis did not break the minimum employment period necessary for a worker to challenge her dismissal, the FWC has found.