Case law page 49 of 145

1442 articles are classified in All Articles > Termination of employment > Case law


Fair to sack worker who refused flu vax: FWC

In a significant decision acknowledging the "scarce" guidance on compulsory workplace COVID-19 vaccinations, the FWC has upheld a big employer's dismissal of a childcare worker for refusing to take a free flu shot.

Sacked picker compensated after "unfortunate" HR investigation

The FWC has criticised a company's "entirely unjust" process in sacking a long-serving mushroom picker for misplacing a knife, while noting her prior unblemished disciplinary record contrasted strangely with a swathe of warnings following a workplace injury.

FWC warning over "shorthand" assumptions in settlements

The FWC has cautioned against parties assuming they have a common understanding of notions like "usual terms" and "mutual release" in settlement agreements, after an accountant decided to proceed with her unfair dismissal case following apparently successful conciliation.

Scammed bank manager wins job back

The FWC has ordered the reinstatement of a bank manager who transferred $37,500 to a fraudster's account in the frenzied early days of the COVID-19 pandemic.

Late appeal rejected despite guard's "saving community" claim

A detention centre guard who tackled an escaping detainee has failed to win permission to appeal his sacking, a FWC bench rejecting his claim that it was in the public interest because he'd saved the community "from a disastrous 'what may have been'".

Bleak reception for suppression order attempt

A teacher has failed to suppress a recent ruling likening his unfair dismissal claim to the interminable case at the centre of Charles Dickens' acerbic Bleak House.



Breakfast giant wins right to use external lawyer

The FWC will allow multinational cereal giant Sanitarium to lawyer-up to defend two unfair dismissal claims, noting it is "stressful enough" for an HR manager to be a witness without also representing the company, while its membership of an employer group is irrelevant.

Partner's "thuggish" texts didn't warrant sacking: FWC

A barrage of "thuggish" texts sent by the partner of a worker alleging harassment and bullying did not justify her dismissal, the FWC has found, describing the employer's attempt to vacuum-seal its investigation of her claims as both unreasonable and unrealistic.