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



Bench delivers opening round win for redundant seafarers

In a decision clarifying the interplay between model terms and agreement clauses, a shipping company facing multiple challenges to alleged redundancies has failed to convince an FWC full bench that a model clause cancels out consultation requirements in its agreement.

Guard awarded $30K after sacking over drunk patient clash

In a reminder of the need for employers to strictly follow disciplinary procedures, the FWC has ordered a hospital pay more than $30,000 to a former security guard unfairly sacked over his treatment of an absconding mental health patient.

Disputed dismissal date not given enough regard: Bench

A tribunal member failed to properly regard the disputed date of an embassy employee's dismissal in refusing to allow him to proceed with a general protections claim, an FWC full bench has found.

"Shock" $1 million legal bill led to director's sacking

The FWC has upheld a cattle station's sacking of a director for serious misconduct, finding he paid himself unauthorised leave and failed to inform the elderly business owners of escalating legal fees of more than $1 million.

Late dismissal case proceeds after employer caused "confusion"

The FWC has in accepting a worker's late unfair dismissal application overlooked her failure to include her former employer in emails seeking numerous time extensions, finding it balanced by her willingness to "engage" with the Commission in pursuing the matter.

Ex-bank executive sacked over silent treatment pursues big payout

A former top bank executive who purportedly resisted efforts to involve him in a management buy-out of a prominent property business is now chasing substantial compensation through the courts, claiming he was summarily dismissed for alleged misconduct just days after making his case for exit payments.

"Bad look" pregnant worker wins compensation

A bottle shop attendant told by her manager that she would not be able to work in a bar while pregnant because it was "a bad look" has been awarded almost $40,000 in compensation and penalties, a court finding there was "no doubt" the employer breached adverse action provisions.

Professor wins $1.2 million for "egregious" sacking

An academic found to have been unlawfully dismissed by James Cook University over criticisms of prominent climate research has been awarded more than $1.2 million, the presiding judge excoriating the institution over its "egregious abuse of power" and public statements intended to "sow doubt" about his findings.

Esky-throwing excavator drivers compensated for sacking

Two excavator operators who allegedly belittled trainees with "foul tirades" that left them so shaken one walked off the job have won compensation, the FWC finding their dismissal was procedurally unfair.