Case law page 8 of 64

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


Dismissal rebounds on employer

Sacking a speeding truck driver who hit a kangaroo on a country road was disproportionate to his conduct, the FWC has held, finding he was denied a chance to explain or challenge GPS data.


Tribunal backs sacking over unlawful industrial action

The FWC has upheld a Qantas subsidiary's sacking of a worker who made a deliberate, pre-meditated decision to participate in unprotected industrial action that delayed flights and led to some departing without any catering onboard.

Sacked for political views, claims One Nation candidate

A One Nation candidate is suing over alleged adverse action based on her political views after she was sacked by a renewable energy company over campaign material said to conflict with its interests and for taking unauthorised days off in the lead-up to the Federal election.

Member wrongly divined Chinese company's "sinister" motive: Bench

Quashing a finding that an airline unfairly dismissed a sales manager who refused to relocate to Beijing after breaching luggage security, an FWC full bench says a tribunal member wrongly ascribed a "sinister" motive to his transfer.



Falsified bank statements lead to costs award, further scrutiny

An IT consultant who falsified bank statements to disprove allegations she was working for private clients on company time has been ordered to pay a portion of her employer's legal costs, while the FWC considers whether she committed an offence under the Fair Work Act.

Error in written decision no indication of bias: FWC

An FWC member has rebuffed an employer's claim that he should recuse himself from hearing an unfair dismissal case on the basis of an ultimately admitted error he made in writing up a jurisdictional decision.

Retrenched workers target world-leading defence contractor

Fifty retrenched employees are suing of one of the world's largest defence contractors for alleged underpayment of leave and redundancy entitlements expected to exceed $1 million, with some veteran workers arguing that AWA transitional instruments continue to apply.