Case law page 65 of 143

1427 articles are classified in All Articles > Termination of employment > Case law


Law firm to split indemnity costs after "extraordinary" failure

Lambasting a law firm's "extraordinary" failure to give an unfair dismissal applicant an assessment of his prospects of success, the FWC has found them equally liable to pay employer Prosegur more than $9000 in indemnity costs.


Sacked climate critic subject to conduct code: Full Court

An academic sacked after criticising climate research is considering a High Court challenge after a full Federal Court quashed a finding that James Cook University's code of conduct is "subordinate" to intellectual freedom protections.

"Manipulation" risk in reversing virus pay cut: FWC

An employer that cut a manager's wages by 15% due to COVID-19, but then restored her old rate when it made her redundant, has failed to establish that her pay exceeded the high-income threshold because to do otherwise would allow "manipulation" to deny her the chance to challenge her dismissal.

Unguarded moment costs worker his job

The FWC has upheld Serco's dismissal of an immigration detention centre security guard who almost let a detainee escape from hospital.

HR manager accused of "smirking" ordered to give evidence

An HR manager who resigned from her job has been ordered to give evidence in the case of an injured worker who claims she "smirked" when informing him at his dismissal meeting that he would not be getting any further support.

FWC upholds "time fraud" sacking

A hospital cleaner who spent a third of his working time in a tea room has failed to convince the FWC that he was sacked for unsatisfactory performance rather than serious misconduct and therefore should have been warned

Valid to sack worker whose threats invoked serial killer Milat

A business that "outgrew" its informal HR processes got its fingers burnt when a young employee's welfare became endangered by its tolerance of the escalating misconduct of a worker who threatened to give him "the Ivan Milat treatment", the FWC has found.

"Impracticability" of sanitising a koala led to redundancy: FWC

The "obvious impracticability" of sanitising a koala helped to justify a pandemic-affected wildlife sanctuary's decision to make redundant a worker responsible for co-ordinating photographs of visitors holding its main attraction, the FWC has found.

Director counted-in as dismissal case waved through

The FWC has allowed a worker to proceed with her unfair dismissal case after it found that counting the employer's director and company secretary lifted numbers above the 15-employee threshold that excludes small businesses.