Case law page 51 of 143

1430 articles are classified in All Articles > Termination of employment > Case law


Misconduct sacking bins $70,000 sick leave payout

A veteran garbo has lost his right to a $70,000 accrued personal leave payout after the NSW IRC upheld his sacking for riding on the back of a garbage truck, finding he held a cavalier attitude and lacked insight, despite expressions of regret.

Casual sacked after forced choice between employers: FWC

A casual cook has been cleared to contest her dismissal after the FWC found she was caught between the competing interests of two workplaces in responding to the Victorian Government's single employer directive at the height of that State's COVID-19 outbreak.

Worker "put the knife" into HR manager: Tribunal

The FWC has rejected a long-serving worker's portrayal of herself as a "victim" of powerful HR forces, finding her displeasure at being asked to account for money raised for a deceased colleague's family led her into serious misconduct.

FWC backs BHP contractor's sacking over unreported head "bang"

The FWC has reinforced the importance of following safety guidelines to the letter in upholding the dismissal of a scaffolder whose sore hands proved to be the result of hepatitis rather than a head "bang" he took more than a week to report.



Include 25% casual loading in FEG payout: Court

In what the CFMMEU is hailing as another win in a similar vein to the landmark Skene and Rossato rulings, the Federal Court has overruled the Attorney-General's Department's "parsimonious" refusal to include a 25% casual loading in a mineworker's FEG payout.

Consultation required before coronavirus layoff: FWC

A Melbourne hotel that claimed an inability to engage in face-to-face discussions before making a chef redundant during the city's second COVID-19 lockdown must compensate her for unfair dismissal, after falling foul of award consultation obligations.

Worker should have raised concerns with HR, investigator: FWC

In throwing out a constructive dismissal claim, the FWC has rejected a former Westpac employee's allegation that a "complicit" bank executive undermined the legitimacy of an investigation that exposed "kickbacks" she received for referring customers to an external broker.

"Late starter" denied flexitime: Claim

A worker who describes herself as a "late starter" is seeking either reinstatement or almost $1 million, claiming the Defence Department dismissed her for numerous prohibited reasons including her age and complaints about being denied flexible working hours.