Case law page 64 of 78

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


FWC compensates bullied worker for sacking

An employer must compensate a bullied employee it forced to resign, after the FWC found he was unfairly dismissed for failing to comply with an unreasonable request to be examined by a company-nominated doctor.


Holden worker forfeits $180,000 redundancy payout after compo fraud

A long-serving GM Holden employee sacked for working on his investment property while dishonestly claiming workers' compensation has lost his entitlement to retraining and a redundancy payment of up to $180,000 when the company closes its manufacturing operations next year.

FWC upholds "golden rule" sacking by safety-aware employer

A forklift driver who broke his employer's "golden rules" by operating his vehicle while a customer was in an exclusion zone has failed to convince the FWC that his dismissal was unfair, after supporting evidence from a customer collapsed under cross-examination.


Can't take a trick: Brothel guilty of adverse action

A Melbourne brothel took adverse action against an award-winning receptionist when it threatened to shift her from permanent part-time to casual employment, then dismissed her when she objected.

Labour hire company unable to "abrogate responsibility" for dismissal

The FWC has found a labour hire company responsible for unfairly dismissing a factory worker it withdrew from Nestle after the confectionery giant wrongly concluded she was guilty of a clocking-off violation and said she was no longer required.

Auto-termination clause doesn't stop worker pursuing dismissal claim

A worker purportedly hired to work on a construction project until her demobilisation "automatically" terminated her employment was entitled to make an unfair dismissal claim, because she wasn't employed to perform a "specified task", an FWC full bench has found.


Facebook posts after sacking seal worker's fate

The NSW IRC has found that even if it had found an employee was unfairly dismissed, his Facebook posts calling his employer a "bastard" and "criminal", after the dismissal, would have ruled out reinstatement.