Case law page 51 of 143

1425 articles are classified in All Articles > Termination of employment > Case law



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.

Bench takes issue with counting dole in payout

In a significant decision on calculating compensation for unfairly dismissed workers, an FWC bench has concluded that a presidential member failed to properly account for JobSeeker payments or fully articulate the reasoning behind her final figure.


FWC lacks power to reinstate unwanted on-hire worker: Bench

In a significant decision on FWC powers, a full bench has found the tribunal could not force a labour hire company to reinstate a worker to his former job at client Carlton United Breweries, given the beer giant was contractually entitled to order his removal.

Tribunal finds fault with major builder's HR processes

The FWC has upbraided construction company Hansen Yuncken for its "callous" and unfair sacking of a "naïve" trainee who nonetheless provided it with a valid reason by insisting on indefinite unpaid leave to avoid lengthy public transport commutes during COVID-19.

Union sued for $900K over alleged age bias, bullying

A former HSU NSW branch organiser is suing the union for more than $900,000 in an adverse action case in which she claims to have been sacked because of her age and bullying complaints against her manager.