Case law page 64 of 65

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



Bench makes important ruling on legal representation

A Fair Work Commissioner was wrong to give the Tax Office permission to be represented by a solicitor but not a barrister, but a full bench has denied the NSW Bar Association leave to appeal against the representation ruling because the ATO admitted it did not adversely affect its case.

Employers entitled to dismiss unfit-for-duty workers: Tribunal

The employers of two long-term train drivers who were off work for between 18 months and two years because of health issues were entitled to dismiss them when they were ruled unable to resume driving duties, the Fair Work Commission has found.

FWC finds cure for premature application

In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.

Tribunal criticises company for conduct "bordering on inhumane"

The Fair Work Commission has criticised a major Australian corporation for failing to give enough support to an employee who sought an internal transfer on medical grounds so that he could continue working, despite finding that his dismissal for abusing a manager was not unfair.

Dismissal meeting support person not an advocate: full bench

The obligation for employers to let employees bring a support person with them to any discussions that could lead to dismissal does not extend to allowing that person to be an advocate, a FWC full bench has confirmed in overturning a ruling by Commissioner John Ryan that an executive director was constructively dismissed.


Employment contrary to Migration Act invalid, FWC rules

The Fair Work Commission has ruled that Subclass 457 visa holders cannot make legally binding employment contracts with employers that are not registered to sponsor them under the Migration Act.

Conscientious objector to social media restrictions loses his job

The Fair Work Commission has emphasised that employers can insist workers comply with social media policies that regulate conduct outside the workplace, in upholding the dismissal of an employee who refused to sign an acknowledgement that he had undergone social media training.