Case law page 53 of 143

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





Sacking upheld despite HR manager's "inept" process

The FWC has upheld an "inept" dismissal bereft of procedural fairness, finding it unlikely to have altered the result for a worker who swore, abused and tried to pick a fight with colleagues while on a warning.

FWC bench spells out prerequisites for legal representation

An FWC full bench has clarified the preconditions for employers being granted legal representation, rejecting a presidential member's opinion that jurisdictional questions are inherently complex and dismissing "bare assertions" about an HR team's incapacity to contest a case.

"Gay" colleague disputed touching was inappropriate: Claim

Financial services company IOOF is facing simultaneous adverse action claims, one from a former senior manager who alleges it sacked her because she was suffering from workplace stress and another from a manager claiming sexual harassment and gender discrimination.

Fond farewell email sparked sacking, claims manager

A long serving manager who group-replied to a colleague's departure announcement expressing surprise at his leaving claims it led to his own sacking after being accused by his supervisor of lacking professionalism.

Account director did not foresee Oracle sacking

A former ANZ account director at Oracle Australia who claims he was told he had zero emotional intelligence before being sacked without warning is suing it in an adverse action claim seeking more than $780,000 plus commissions and penalties.

Test case looms on mandatory vaccinations

In a case likely to be closely watched by employers considering mandatory coronavirus vaccinations, the FWC will probe whether Ozcare unfairly sacked a long serving care assistant who refused a compulsory flu shot on allergy grounds, while the Commission has also weighed-in on the contentious issue of compulsory jabs for Santas.

Employer could not have provided greater procedural fairness: FWC

The FWC has praised the CSIRO's approach to the dismissal of a scientist accused of threatening students he supervised, describing him as a "peddler of false allegations" who sought to characterise almost every interaction with a superior as bullying.