Case law page 46 of 143

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


Newsflash: Deliveroo rider an employee, says tribunal

The FWC has in finding a Deliveroo rider was an employee who must be reinstated criticised the platform for a "callous and perfunctory" dismissal "most notable for its absence of compassion".

FWC presidential member "descended into the arena": Bench

An FWC full bench has quashed the decisions of a presidential member who refused to recuse himself before finding Regional Express executives bullied an engineer, holding he mistook legal principles and engaged in "entirely unjustified and inappropriate criticism".

Second-time-around sacking unfair without fresh evidence: FWC

A government agency has been ordered to reinstate a worker dismissed a year after it attributed a workplace vehicle collision to "human error", the FWC finding it had produced no further evidence to warrant the change of heart.


FWC saves "threatening" worker's bacon

The FWC has reinstated a bacon worker, after holding it was not threatening to say she felt like knocking a colleague off her perch, while finding the employer contributed to their stress, denied her procedural fairness and had a tendency to exaggerate evidence.

Supervisor allegedly wanted $50K to disappear "quietly"

The FWC has upheld the sacking of a traffic management supervisor who allegedly directed his union representative to ask for $50,000 to "go away quietly" after the employment relationship was soured by his refusal to be on-call on weekends.

"Death row" manager's late application dismissed

A manager placed on "death row" after missing sales targets has had his one-minute-late unfair dismissal application rejected despite the FWC finding he had an arguable case.

End of the road for Coles driver sacked for drug test failure

A full bench has overturned an extension of time, originally granted on the basis of his union's representative error, for a truck driver summarily sacked by Coles Supermarkets after testing positive for methamphetamine and cannabinoids.

Sacking justified after Facebook posts: FWC

The FWC has upheld the sacking of a finance broker who posted sexually-explicit Facebook memes, including one featuring a colleague after seeking her permission, finding a "robust" and sub-par workplace culture did not make his ousting unfair.

Union to seek urgent dispute hearing after injunction bid

The Federal Court has today refused a rail union bid to stop the retrenchment and redeployment of employees of Melbourne public transport operator Metro Trains, after the company gave an undertaking it wouldn't proceed while the RTBU seeks an expedited dispute hearing in the FWC.