Case law page 62 of 143

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


Political bias claim sustains shaky unlawful sacking case

The FWC has over a university's jurisdictional objections allowed a professional officer's largely "incompetent" unlawful dismissal claim to proceed, inviting him to re-submit an application confined to alleged discrimination on the basis of political opinion.

Compensation for manager "restructured" out of job

An employer that restructured a senior manager out of his job and did not consider him for a new role because its director considered him an underperformer must pay him almost $18,000, the FWC finding it was not a genuine redundancy.

FWC rejects "presumptuous" employer's bid to knock out claim

The FWC has slammed a "presumptuous" employer for taking up its time with a baseless late bid to have the tribunal throw out the unfair dismissal claim of a casual boxing trainer seeking compensation at the JobKeeper rate.

No adjournment for sacked worker juggling criminal appeal

The FWC has declined to adjourn an unfair dismissal case despite a former Victoria Police employee's concerns he is constrained after exercising his right to silence in a criminal case largely reliant on the same set of contested facts.

Academic fairly sacked after indulging in "game of semantics"

Upholding the dismissal of an academic who deliberately stymied all attempts to establish her fitness to return to work, the FWC has found she treated the process like a "game of semantics" through which she could wear her employer down.


Member "misapplied" safety procedure in reinstating worker: Bench

BlueScope Steel has for the second time in a year succeeded in challenging the reinstatement of a worker dismissed for a critical safety breach, an FWC full bench resoundingly rejecting a tribunal member's characterisation of the incident as "minor".

Pastor told to "repent" free to pursue unfair dismissal claim

A church has failed to persuade the FWC that a pastor was not an employee when he was given an ultimatum to "repent" or be "released" from his role, the tribunal finding that his regular salary and leave payments for full-time hours indicated the existence of a legal relationship.

"Incompetent" HR manager bungled sacking: FWC

An "incompetent" HR manager's bungled sacking of a retail worker has contributed to an FWC finding that it was unfair, despite the employee's secret recordings of disciplinary meetings providing a valid reason.