Case law page 71 of 143

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


Paramedic's "debasing" comments at hanging justified sacking: FWC

The FWC has upheld the dismissal of a paramedic accused of prematurely ending the resuscitation of a teenager who hanged himself, finding she lied to an investigator about her reasons for doing so and made "debasing" statements.

Lawyer's advocacy "masterclass": FWC

In what stands as a tribute to the qualities the FWC looks for in employers' legal representatives, an experienced tribunal member has praised a senior associate for "a masterclass in the art of advocacy" that avoided bamboozling or belittling an unrepresented bus driver.

Assaulted worker should have returned to job: FWC

The FWC has upheld a company's claim that despite its two principals physically assaulting a worker and engaging in angry exchanges with him, it did not sack him.

Uber ruling underlines need for legislative fix: Academic

An FWC majority finding that an Uber delivery driver could not bring an unfair dismissal claim as she was an independent contractor highlights a need for legislative intervention to recognise that many gig workers are employees, says a leading employment law academic.

High-earning manager can't contest sacking: FWC

A senior manager on a $240,000 annual remuneration package has failed to convince the FWC he is an award-covered employee protected from unfair dismissal.


"Time theft" ends tenure of operating theatre cleaners

The FWC has upheld the sacking of a hospital operating theatre cleaner who spent 44% of his working time, excluding breaks, in a tea room, but has scolded the employer for its "faintly ridiculous" arguments against allowing him to "meticuously review" damning CCTV footage.


Left-handed worker's sacking not quite right: Court

A major gas supplier has been ordered to reinstate a left-handed worker whose primary duties involved lifting five-kilogram cylinders, after basing his dismissal on an assessment that right shoulder and neck pain meant he could lift no more than 20kgs.

Claimant's death leaves executors to discontinue matter: FWC

In a decision clarifying how the FWC deals with unresolved matters in which the applicant has died, the tribunal has wound up a 20-month-old unfair dismissal case after determining that only executors of a claimant's estate can discontinue it.