Case law page 74 of 142

1414 articles are classified in All Articles > Termination of employment > Case law


HR manager "ambushed" worker at disciplinary meeting: FWC

The FWC has taken a disability care provider to task over the process followed in dismissing one of its workers, finding she was "summonsed" by its HR manager "to participate in an ambush of her employment".

Compensation for supervisor who put podgy bar down undies

The FWC has awarded more than $2000 compensation to a roadside supervisor dismissed after he inserted a metal bar down the rear of a co-worker's pants and directed crew members to collect refundable cans and bottles so he could give the money to his daughter.

Contempt for underpayment claim attracts $240K fine

In a case highlighting the dangers of failing to engage with underpayments cases, an employer who did not respond to a claim it short-changed a teenage worker by $8000 must now pay him an additional $240,000 in penalties.

Pregnant worker's dismissal "the very definition of unfair"

The FWC has found an employer's failure to consult a pregnant worker before abruptly announcing her redundancy to be the "very definition of unfair", rejecting its submissions that a series of meetings were adequate.

Vegan beliefs protected under UK workplace equality laws

In the wake of the UK's employment tribunal ruling that "ethical veganism" is a protected philosophical belief in the workplace, a Seyfarth Shaw partner says that there might be scope under state and federal discrimination laws to advance a similar claim in Australia.

Bench corrects "counter-intuitive" compensation ruling

A tribunal member "counter-intuitively" refused to award compensation to an unfairly dismissed employee after failing to assess financial loss and wrongly asserting that she had admitted to competing priorities, an FWC full bench has found.

$10K for manager sacked while on sick leave

A home improvement company had a valid reason to sack a business manager who recklessly approved credit for a struggling customer, but the FWC has held that its process in dismissing him while on sick leave rendered it unfair.

R&R counts towards minimum employment period: FWC

A casual FIFO worker has been cleared to pursue an unfair dismissal claim despite the employer arguing that half of his seven months with them was taken up with unpaid R&R.


Late unfair dismissal applicant "honoured" her dying mother: FWC

A worker dismissed two days before flying overseas only to discover on arrival that her mother was dying of cancer has had her late unfair dismissal application accepted, the FWC finding it would have been "shockingly callous" to require detailed medical records sought by her former employer.